영문법령 (국토기본법 & 시행령 / 국계법 & 시행령)

작성자 :   |   작성일 : Mar 29, 2014  |   카테고리 : 부동산공법(학부 3학년)   |   댓글 0

 

FRAMEWORK ACT ON THE NATIONAL LAND

[Enforcement Date 10. Dec, 2009.] [Act No.9774, 09. Jun, 2009., Other Laws and Regulations Amended]

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the sound development of the national land and the improvement of the national welfare by providing for the fundamental matters concerning formulation and implementation of plans and policies for the national land.

Article 2 (Basic Ideas for Management of National Land)

Since the national land is the basis for the livelihood of the people and also the national properties to be handed down to our descendents, any plans and policies for the national land shall be formulated and executed so as to ensure the sustainable development of the national land by promoting balanced development of the national land, elevating the national competitiveness, and improving the quality of life for people, on the basis of harmony between development and environment.

Article 3 (Balanced Development of National Land)

(1) The State and local governments shall provide such conditions of national land as to make all people capable of enjoying a stable and convenient livelihood, by ensuring that each area may be developed with its originality in pursuance of its characteristics, and to equip itself with independent competitiveness.

(2) The State and local governments shall establish the foundation for ensuring that wellbalanced development may be achieved between the metropolitan zone and nonmetropolitan zones, between the cities and agricultural, mountainous and fishing villages, and between the big cities and small and medium cities, and that the areas of remarkably deteriorated living conditions may achieve some developments.

(3) The State and local governments shall contrive to achieve harmony and common prosperity among the regions by promoting exchange and cooperation among the regions and providing systematic support thereto.

Article 4 (Creation of Competitive Conditions of National Land)

(1) The State and local governments shall strengthen the national competitiveness and contrive to ensure the qualitative improvement of the people’s lives by systematically expanding the infrastructure of the national land such as roads, railroads, harbors, airports, water-supply facilities, logistics facilities, and information and communications facilities, etc.

(2) The State and local governments shall make efforts to efficiently expand and systematically preserve and manage the resources of the national land, such as farmlands, water resources, forest resources, food resources, mineral resources, ecological resources and marine resources, etc.

(3) The State and local governments shall ensure that the geographical characteristics of the national land links the continent with the ocean by establishing national land conditions for the purpose of active international exchanges.

CHAPTER Ⅱ FORMULATION, ETC. OF NATIONAL LAND PLAN

CHAPTER Ⅱ FORMULATION, ETC. OF NATIONAL LAND PLAN

Article 5 (Environment-Friendly Management of National Land)(1) The State and local governments shall, in formulating and executing the plans or projects for the national land, take into prior account of any impacts on the natural and living environments, and ensure that any adverse impacts on the environments are minimized.

(2) The State and local governments shall formulate a comprehensive plan for land utilization in order to prevent any disorderly development of the national land and to smoothly supply land required for the livelihood of people, and shall systematically manage any area of the national land in accordance with such plan.

(3) The State and local governments shall create a pleasant environment for the national land wherein any persons may live together with nature, by promoting comprehensive policies to comprehensively manage and preserve the natural ecosystem in connection to mountains, rivers, lakes and marshes, coastal areas and seas, and to restore any damaged natural ecosystem.

Article 5-2 (Index and Standards for Assessment of Sustainable National Land Management)

(1) The Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the “Minister”) shall establish the index and standards (including the case of altering thereof, and the same shall apply hereinafter in this Article) to measure and assess the sustainability of national land management for the sustainable and balanced development of the national land, and shall publicly announce thereof. In this case, the Minister shall consult with the heads of the central administrative agencies concerned in advance.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) When it is deemed necessary after taking the regional characteristics into considerations, the head of the local government may establish separate index and standards upon consideration of the index and standards under the provisions of section (1), and may publicly announce it thereof. In this case, the head of the local government shall have consultations in advance with the heads of the administrative agencies concerned, and pass the deliberation by the local urban planning committee established in accordance with the provisions of Article 113 of the National Land Planning and Utilization Act.

(3) When the head of the local government has established and publicly announced the index and standards according to the provisions of section (2), he/she shall report to the Minister thereof without delay.  <Amended by Act No. 8870, Feb. 29, 2008>

(4) Where the heads of the administrative agencies concerned formulate the plans and policies for the national land, they shall take into consideration the index and standards formulated and publicly announced according to the provisions of sections (1) and (2).

(5) The Minister and the heads of local governments may measure and assess the sustainability of the national land management under the conditions as prescribed by the Presidential Decree by utilizing the index and standards pursuant to the provisions of sections (1) and (2).  <Amended by Act No. 8870, Feb. 29, 2008>

[This Article Newly Inserted by Act No. 8122, Dec. 28, 2006]

Article 6 (Definition and Classification of National Land Plan)

(1) The term “national land plan” in this Act refers to any plan for setting the directions to be followed by any development of national land to cope with future economic and social changes and for achieving them, in utilizing, developing and conserving the national land.

(2) The national land plan shall be classified into the comprehensive national land plan, the Do comprehensive plan, the city/Gun comprehensive plan, the regional plan, and the plan by sector in accordance with the following classifications:

1. Comprehensive national land plan: a comprehensive plan presenting the long-term development direction of the national land for the entire area of the national land;

2. Do comprehensive plan: a comprehensive plan presenting the long-term development direction of the competent areas for the jurisdiction areas of the Do

3. City/Gun comprehensive plan: an urban plan formulated under the National Land Planning and Utilization Act, which presents the basic spatial structures and the longterm development direction of the relevant areas for the jurisdictional areas of the Special Metropolitan City, Metropolitan City, city or Gun (excluding any Gun in Metropolitan Cities), and is formulated for the land utilization, traffic, environment, safety, industry, information and communications, health, welfare and culture, etc.;

4. Regional plan: a plan to be formulated in order to achieve the objectives of special policies for the specific regions; and

5. Plan by sector: a plan indicating the long-term development direction for the specific sectors for the entire area of the national land.

Article 7 (Interrelation between National Land Plans)

(1) The comprehensive national land plan shall be the basis of the Do comprehensive plan and city/Gun comprehensive plan, and the plan by sector and the regional plan shall be consistent with the comprehensive national land plan.

(2) The Do comprehensive plan shall be the basis for the city/Gun comprehensive plan to be formulated within the areas under the jurisdiction of the relevant Do.

(3) The comprehensive national land plan shall be formulated with a period of 20 years, and any authority to formulate the Do comprehensive plan, the city/Gun comprehensive plan, the regional plan and the plan by sector shall determine the period of formulating such plans by taking into account the formulation period of the comprehensive national land plan.

Article 8 (Relation with Plans under Other Laws and Regulations)

The comprehensive national land plan under this Act shall take precedence over any plan for the national land formulated under other laws and regulations and form the basis thereof: Provided, That the same shall not apply to any plans for military affairs.

Article 9 (Formulation of Comprehensive National Land Plan) <Amended by Act No. 8870, Feb. 29, 2008>(1) The Minister shall formulate the comprehensive national land plan.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) When the Minister intends to formulate the comprehensive national land plan, he/she may request the heads of the central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor and the Do governor (hereinafter referred to as the “Mayor/Do governor”), under the conditions as prescribed by the Presidential Decree, to submit the draft plans according to their jurisdiction as to the policies and projects to be reflected in the comprehensive national land plan. In this case, the heads of central administrative agencies and the Mayor/Do governor shall comply with the request unless there exist any special situations.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) The Minister shall formulate the comprehensive national land plan on the basis of the draft plans per jurisdiction submitted under section (2), under the conditions as prescribed by the Presidential Decree, by adjusting and summarizing such drafts; and for any matters deemed proper to be contained in the comprehensive national land plan other than the contents of the draft plans per jurisdiction already submitted, he/she may reflect them in the draft comprehensive national land plan, by consulting with the heads of the administrative agencies concerned.  <Amended by Act No. 8870, Feb. 29, 2008>

(4) The provisions of sections (2) and (3) shall apply mutatis mutandis to the case of altering the formulated comprehensive national land plan.

Article 10 (Contents of Comprehensive National Land Plan)

The comprehensive national land plan shall contain the basic and long-term policy directions as to the matters applicable to the following subsections:

1. Matters for the current status of national land, and the prospect of changes in circumstances;

2. Matters for the basic ideas of national land development, and the establishment of desirable future images of the national land;

3. Matters for rearrangement of the spatial structures of the national land, and directions for sharing the functions by region;

4. Matters for the policies for balanced development of the national land, and fostering of the regional industries;

5. Matters for elevation of the national competitiveness and expansion of the key facilities of national land forming the basis for the livelihood of the people;

6. Matters for efficient utilization and management of national land resources such as lands, water resources, forest resources and marine resources, etc.;

7. Matters for establishment of living conditions such as housing and tap-water and

sewerage systems, etc., and the improvement of qualities of lives;

8. Matters for prevention of flood damages, wind damages, and other disasters;

9. Matters for rational utilization and management of the underground spaces;

10. Matters for the conservation and improvement of national land environments for the sustainable development of national land; and

11. Other matters incidental to subsections 1 through 10.

Article 11 (Holding of Public Hearing)

(1) When the Minister has prepared a comprehensive national land plan, he/she shall hold a public hearing and listen to the opinions of the people and specialists concerned, etc., and when he/she deems that the presented opinions are appropriate, he/she shall reflect them in formulating the comprehensive national land plan: Provided, That this does not apply to matters requiring confidentiality for national defense, which are requested by the Minister of National Defense.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) Matters necessary for holding the public hearing pursuant to the provisions of section (1) shall be prescribed by the Presidential Decree.

Article 12 (Approval for Comprehensive National Land Plan)

(1) When the Minister intends to formulate the comprehensive national land plan or to alter the concluded plan, he/she shall obtain approval from the President, after passing deliberation by the State Council.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) When the Minister intends to be subjected to a deliberation by the State Council under the provisions of section (1), he/she shall consult with the heads of the central administrative agencies concerned on proposals for deliberation, and listen to the opinions of the Mayor/Do governor thereon.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) The heads of central administrative agencies and the Mayor/Do governor in receipt of proposals for deliberation pursuant to the provisions of section (2) shall present their opinions to the Minister within 30 days from the date of receiving such proposals, unless there exist any special situations.  <Amended by Act No. 8870, Feb. 29, 2008>

(4) When the Minister has obtained approval for the comprehensive national land plan under the provisions of section (1), he/she shall publicly announce its major contents in the Official Gazette without delay, and forward the comprehensive national land plan to the heads of the central administrative agencies concerned, the Mayor/ Do governor and the head of city/Gun (excluding the head of Gun in the Metropolitan City, and the same shall apply hereinafter in this Chapter).  <Amended by Act No. 8870, Feb. 29, 2008>

Article 13 (Formulation of Do Comprehensive Plan)

(1) The Do governor shall formulate a Do comprehensive plan as to the matters applicable to each of the following subsections: Provided, That in the case of any Do prescribed by the Presidential Decree, for which a separate plan has been formulated under other Acts, the relevant Do governor may not formulate such plan:

1. Matters for the analysis of current status and characteristics of the region, and for the prospect of any changes in internal and external conditions;

2. Matters for the objective and strategy of the regional development;

3. Matters for the improvement of the region’s spatial structures, and a direction for sharing the functions within the region;

4. Matters for the construction of the infrastructure such as transportation, logistics, information and communications network;

5. Matters for the development, conservation and management of resources and environments within the region;

6. Matters for the utilization of land by purpose, and its planned management; and

7. Other matters prescribed by the Presidential Decree required for the sustainable development of Do.

(2) When the Do governor formulates a Do comprehensive plan under the provisions of section (1), he/she shall go through a deliberation by the urban planning committee established in the Do under the National Land Planning and Utilization Act.

(3) Formulation standards and preparation methods for a Do comprehensive plan shall be prescribed by the Minister under the conditions as prescribed by the Presidential Decree.

 <Amended by Act No. 8870, Feb. 29, 2008>

Article 14 (Public Hearing for Formulating Do Comprehensive Plan)

The provisions of Article 11 shall apply mutatis mutandis to the case where a Do comprehensive plan is to be formulated.

Article 15 (Approval for Do Comprehensive Plan)

(1) When the Do governor has formulated a Do comprehensive plan, he/she shall obtain approval from the Minister. The same shall also apply to the case where he/she intends to alter the approved Do comprehensive plan.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) When the Minister intends to grant approval for a Do comprehensive plan under the conditions of section (1), he/she shall consult thereon with the heads of the central administrative agencies concerned.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) The heads of the central administrative agencies concerned in receipt of a request for consultation under the provisions of section (2) shall present their opinions to the Minister within 30 days from the date of receiving such request, unless there exist any special situations.  <Amended by Act No. 8870, Feb. 29, 2008>

(4) When the Do governor has obtained approval pursuant to the provisions of section (1), he/she shall promptly announce its key contents publicly in the Official Gazette, and forward the Do comprehensive plan to the head of the city/Gun within his/her jurisdictional area.

Article 16 (Formulation of Regional Plan)

Where the head of a central administrative agency or the head of a local government deems it necessary for the rearrangement or development suitable for local characteristics, he/she may formulate any regional plan applicable to each of the following subsections under the conditions as prescribed by relevant Acts, after having consultations thereon with the heads of the central administrative agencies concerned:

1. Seoul Metropolitan area development plan: a plan to be formulated in order to promote decentralization and reasonable arrangement of over-concentrated population and industries in the Seoul Metropolitan area;

2. Metropolitan zone development plan: a plan for making a wide-area-based and systematic development of areas such as metropolitan cities and their vicinity, the industrial complexes and its hinterland areas, or the areas, etc. where many cities are adjacent to each other and form a single living zone;

3. Specific area development plan: a development plan to be formulated in order to strategically develop the economy, society, culture, tourism, etc. for the specific area;

4. Development plan for development promotion district: a plan to be formulated in order to facilitate the development of districts which are considerably lagging behind other areas in terms of the level of development or income sources; and

5. Other regional plans to be formulated under other Acts.

Article 17 (Formulation of Plans by Sector)

(1) The head of a central administrative agency may formulate a plan by sector in respect to his/her competent duties for the entire area of the national land.

(2) Where the head of central administrative agency intends to formulate a plan by sector pursuant to the provisions of section (1), he/she shall reflect the contents of the comprehensive national land plan in it, and ensure that his/her plan shall not conflict with the comprehensive nation land plan.

(3) When the head of the central administrative agency has formulated a plan by sector under the provisions of section (1), he/she shall promptly notify the Minister thereof.  <Amended by Act No. 8870, Feb. 29, 2008>

CHAPTER Ⅲ EFFICIENT PROMOTION OF NATIONAL LAND PLAN

Article 18 (Formulation and Assessment of Implementation Schedule)

(1) The head of a central administrative agency and the Mayor/Do governor shall reflect the contents of the comprehensive national land plan in the policies and plans related to his/her competent duties, and formulate an implementation schedule by jurisdiction in order to execute the comprehensive national land plan under the conditions as prescribed by the Presidential Decree, and submit such schedule to the Minister.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) The head of the central administrative agency and the Mayor/Do governor shall prepare the performance record of an implementation schedule by jurisdiction, and submit such record to the Minister under the conditions as prescribed by the Presidential Decree.

 <Amended by Act No. 8870, Feb. 29, 2008>

(3) The Minister shall integrate the actual performance records submitted under the provisions of section (2), and periodically assess the outcomes of the comprehensive national land plan under the conditions as prescribed by the Presidential Decree, and reflect the results of such assessment in the formulation and execution of the national land policies.

 <Amended by Act No. 8870, Feb. 29, 2008>

(4) The Minister may, in order to efficiently implement the assessment pursuant to the provisions of section (3), entrust the survey and analysis, etc. required thereof to a specialized institution.  <Amended by Act No. 8870, Feb. 29, 2008>

Article 19 (Consolidation of Comprehensive National Land Plan)

The Minister shall make an overall review of the comprehensive national land plan every five years by taking into account the results of assessment pursuant to the provisions of Article 18(3) and the changes in social and economic conditions, and if deemed necessary, he/she shall consolidate the said plan.  <Amended by Act No. 8870, Feb. 29, 2008>

Article 20 (Adjustments between Plans)

(1) In the event that the Minister judges that the Do comprehensive plan, city/Gun comprehensive plan, regional plan and plan by sector are contradictory to each other, or nonconforming with the comprehensive national land plan, he/she may request the heads of central administrative agencies or the heads of local governments to adjust such plans.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) In the event that the heads of the central administrative agencies or the heads of local governments in receipt of a request for adjusting any plan under the provisions of section (1) fail to reflect it without any special reasons, the Minister may adjust it.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) In the event that the Minister intends to make an adjustment pursuant to the provisions of section (2), he/she shall listen to the opinions of the heads of the central administrative agencies concerned or the heads of the relevant local governments in advance.  <Amended by Act No. 8870, Feb. 29, 2008>

Article 21 (Adjustments of Disposition for National Land Plan)

(1) When the Minister deems that there exists a concern over causing impediments to smooth execution of the national land plan, because any dispositions or projects for implementing the said plan are contradictory to each other, which are conducted by the head of a central administrative agency or the head of a local government, the Minister may adjust such dispositions or projects.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) The head of the central administrative agency concerned or the head of the local government may request the Minister for adjustment of dispositions or projects pursuant to the provisions of section (1).  <Amended by Act No. 8870, Feb. 29, 2008>

(3) When the Minister intends to make an adjustment pursuant to the provisions of section (1), he/she shall listen to the opinions of the head of the central administrative agency concerned or the head of the relevant local government in advance.  <Amended by Act No. 8870, Feb. 29, 2008>

Article 22 (Financial Measures)

The heads of central administrative agencies and the heads of local governments shall devise necessary financial measures in order to ensure that the national land plan may be effectively promoted.

CHAPTER Ⅳ ESTABLISHMENT, ETC. OF NATIONAL LAND INFORMATION SYSTEM

Article 23 Deleted.  <by Act No. 9440, Feb. 6, 2009>

Article 24 (Annual Report on National Land Plan and Utilization)

(1) The Government shall prepare an annual report on the major policies for the national land plan and utilization (hereinafter referred to as the “annual report”), and submit it to the National Assembly each year no later than the opening of its ordinary session.

(2) The annual report under section (1) shall contain the details applicable to each of the following subsections:

1. Formulation and management of the national land plan;

2. Policies promoted and those intended to be promoted for planning and utilization of the national land;

3. Current status of regional developments and major policies;

4. Current status of social infrastructure;

5. Current status of utilization of the national land resources;

6. Current status of the national land environments and major policies;

7. Current status of the land utilization by specific-use area, and trends of the land transactions; and

8. Other important matters for planning and utilization of national land.

Article 25 (Survey of National Land)

(1) The Minister may survey in advance the population, economy, society, culture, traffic, environment, land utilization and other matters prescribed by the Presidential Decree, when deemed necessary in order to formulate any plans or policies for the national land, or to establish the national land information system, and to prepare the annual report, etc.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) The Minister may request the heads of central administrative agencies or the heads of local governments to submit the data required for the survey, or request them to directly survey any part of the matters for survey under section (1). In this case, the heads of central administrative agencies or the heads of local governments requested thereupon shall comply with it unless there exist any special situations.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) The Minister may entrust the specialized institution with the survey pursuant to the provisions of section (1) in the event that it is necessary for the efficient implementation of the national land survey.  <Amended by Act No. 8870, Feb. 29, 2008>

(4) Matters necessary for the types and methods, etc. of the national land survey pursuant to the provisions of section (1) shall be prescribed by the Presidential Decree.

CHAPTER Ⅴ Deleted <by Act No. 8870, Feb. 29, 2008>

Article 26 Deleted.  <by Act No. 8870, Feb. 29, 2008>

Article 27 Deleted.  <by Act No. 8870, Feb. 29, 2008>

Article 28 Deleted.  <by Act No. 8870, Feb. 29, 2008>

Article 29 Deleted.  <by Act No. 8870, Feb. 29, 2008>

Article 30 Deleted.  <by Act No. 8870, Feb. 29, 2008>

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 31 (Principle of Cost Bearing)

Except as otherwise provided in this Act or other Acts, any costs for the formulation of the national land plan and a survey of national land, etc. shall be in principle borne by those who perform them: Provided, That in the case where any local government performs a survey of national land under the provisions of Article 25 (2), a part of such costs may be subsidized from the National Treasury.

Article 32 (Mutatis Mutandis Application of Act on the Land Survey, Waterway Survey and Cadaster  <Amended by Act No. 9774, Jun. 9, 2009>)

(1) The provisions of Articles 8 (2) and (3), (6) and (7), Article 9, Articles 11 and 12, Article 101 and 102 of the Act on the Land Survey, Waterway Survey and Cadaster shall apply mutatis mutandis to the submission of data needed to survey the national land for the formulation of the national land plan, the notice and public notice of an implementation of the national land survey, the access to the land, etc., the alteration and removal of obstacles, etc., the temporary use of land, etc., the compensation for loss incurred by the national land survey, and the establishment, management and protection of signs.  <Amended by Act No. 9774, Jun. 9, 2009>

(2) The provisions of subsection 1 of Article 104 and Article 111 (1) 18 of the Act on the Land Survey, Waterway Survey and Cadaster shall apply mutatis mutandis to the penal provisions against the violations of matters for the protection of signs, the access to the land, etc. and its temporary use among the matters provided under section (1).  <Amended by Act No. 9774, Jun. 9, 2009>

Article 33 (Delegation and Entrustment of Authority)

(1) Authorities of the Minister under this Act may be delegated in part to the heads of institutions under his/her supervision or the Mayor/Do governor, under the conditions as prescribed by the Presidential Decree.  <Amended by Act No. 8870, Feb. 29, 2008>

(2) Authorities of the Minister, the Mayor/Do governor or the head of city/Gun under this Act may be entrusted in part to other administrative agencies or persons who are not the administrative agencies, under the conditions as prescribed by the Presidential Decree or by the Municipal Ordinance of the relevant local government.  <Amended by Act No. 8870, Feb. 29, 2008>

(3) Any person entrusted under section (2) who is not the administrative agencies and any employees belonging to them shall be regarded as public officials, in applying Articles 129 through 132 of the Criminal Act.

 

부칙  ADDENDA (Act on the Land Survey,  Waterway Survey and Cadaster) <Act No. 9774,  Jun. 9,  2009>

Article 1 (Enforcement Date)

This Act shall take effect on the day six months after its promulgation.

Articles 2 through 17 Omitted.

Article 18 (Amendment of Other Acts)

(1) through (9) Omitted.

(10) Part of the Framework Act on the National Land shall be amended as follows:

The term “Land Survey Act” in the title of Article 32 shall be changed to “Act on Land Survey, Waterway Survey and Cadaster”; the term “provisions of Article 8 through 12, 14 through 16 and 18 of the Land Survey Act” in section (1) of the same Article shall be changed to “provisions of Articles 8 (2) and (3), (6) and (7), Article 9, Articles 11 and 12, Article 101 and 102 of the Act on the Land Survey, Waterway Survey and Cadaster”; and the term “provisions of subsection 3 of Article 64 and Article 68 (1) 4 and 5 of the Land Survey Act” in section (2) of the same Article shall be changed to “provisions of subsection 1 of Article 104 and Article 111 (1) 18 of the Act on the Land Survey, Waterway Survey and Cadaster”.

(11) through <44> Omitted.

Article 19  Omitted.

********************************************************************************

ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE NATIONAL LAND

[Enforcement Date 07. Aug, 2009.] [Presidential Decree No.21671, 05. Aug, 2009., Other Laws and Regulations Amended]
국토교통부(국토정책과), 044-201-3650

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Framework Act on the National Land and other matters necessary for the implementation thereof.  <Amended by Presidential Decree No. 20486, Dec. 28, 2007>

Article 1-2 (Measurement, Assessment, etc. of Sustainability of National Land Management)

(1) Where the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the “Minister”) and the heads of local governments measure and assess the sustainability of the national land management pursuant to Article 5-2 (5) of the Framework Act on the National Land (hereinafter referred to as the “Act”), they shall implement such measurement and assessment in accordance with the index and standards under Article 5-2 (1) and (2) of the Act.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(2) Where it is necessary, the Minister and the heads of local governments may entrust a specialized institution with the measurement and assessment of the sustainability referred to in section (1).  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(3) The Minister and the heads of local governments may ask the head of the administrative agency concerned to submit the related material necessary for the measurement and assessment of the sustainability referred to in section (1).  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(4) When the Minister and the heads of local governments has measured and assessed the sustainability of the national land management according to section (1), they shall make the result thereof public.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

[This Article Newly Inserted by Presidential Decree No. 20486, Dec. 28, 2007]

Article 2 (Preparation, etc. of Guideline for Formulation of Draft Plan per Jurisdiction)

(1) When the Minister asks the heads of the central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the “Mayor/Do governor”) to submit their draft plans according to their jurisdiction in accordance with Article 9 (2) of the Act, he/she shall prepare a guideline for formulating such draft plans according to their jurisdiction and forward such guideline to the heads of the central administrative agencies and the Mayor/Do governor. In this case, the Minister shall consult with the heads of the central administrative agencies concerned in advance before he/she determines and forwards such guidelines.  <Amended by Presidential Decree No. 20486, Dec. 28, 2007; Presidential Decree No. 20736, Feb. 29, 2008>

(2) The guideline for formulating the draft plans per jurisdiction as prescribed in section (1) shall contain the matters applicable to each of the following subsections:

1. Background and objective of formulating the comprehensive national land plan;

2. Basic direction for formulating the comprehensive national land plan;

3. Outlines of policies and projects that need to be reflected in the comprehensive national land plan;

4. Matters to be considered and main items when the draft plans per jurisdiction are formulated; and

5. Other matters necessary for the formulation of the draft plans per jurisdiction.

Article 3 (Adjustment and Summarizing of Draft Plans per Jurisdiction)

Where the Minister adjusts and summarizes the draft plans per jurisdiction, he/she shall examine the matters applicable to each of the following subsections:  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

1. Whether or not the policies or projects are consistent with the objective and basic direction of the comprehensive national land plan;

2. Whether or not there are any conflicts between policies or projects;

3. Feasibility of the policies or projects;

4. Priority and degree of importance of the policies or projects;

5. Expected effects of the policies or projects; and

6. Possibility of securing required financial resources.

Article 4 (Public Hearing)

(1) Where the Minister intends to hold a public hearing in accordance with the provisions of Article 11 of the Act, he/she shall publish the matters applicable to each of the following subsections in a daily newspaper circulated nationwide at least once not later than fourteen days prior to holding such public hearing:  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

1. Objective of holding the public hearing;

2. Scheduled date, time and venue of the public hearing;

3. Outline of the draft comprehensive national land plan;

4. Matters concerning the presentation of opinions; and

5. Other matters necessary for holding the public hearing.

(2) Any person or any relevant expert, etc. who has any opinion to state in respect to the contents of a draft comprehensive national land plan may attend the public hearing in person to state his/her opinion or submit a summary of his/her opinion to the Minister in writing or via computer communications.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

Article 5 (Formulation, etc. of Do Comprehensive Plan)

(1) The term “any Do prescribed by the Presidential Decree” in the proviso of the part other than each subsection of Article 13 (1) of the Act refers to Gyeonggi-Do for which a Seoul metropolitan area readjustment planning is drawn up in accordance with Article 4 of the Seoul Metropolitan Area Readjustment Planning Act and Jeju Special Self-Governing Province for which a comprehensive plan is drawn up in accordance with Article 222 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International Cities.  <Amended by Presidential Decree 19563, Jun. 29, 2006; Presidential Decree No. 20486, Dec. 28, 2007>

(2) The term “matters prescribed by the Presidential Decree” in Article 13 (1) 7 of the Act refers to the matters applicable to each of the following subsection:

1. Matters concerning the improvement of living environment such as housing, tap water and sewerage system, parks, convenience facilities, etc. for the weak or senior citizens;

2. Matters concerning the construction of cultural and tourist infrastructure;

3. Matters concerning the prevention of disasters and the safety management of facilities;

4. Matters concerning the development and fostering of local industries; and

5. Matters concerning the implementation and management of plans, such as method of securing financial resources, etc.

Article 6 (Formulation Standards and Preparation Methods of Do Comprehensive Plan)

(1) The Minister shall prepare guidelines for formulating the Do comprehensive plan which include formulation standards and preparation methods of the Do comprehensive plan, such that the Do comprehensive plan as prescribed in Article 13 of the Act can suggest long-term and short-term policy directions and guidelines for improving the welfare of local residents and regional development and make such Do comprehensive plan to be compatible with the comprehensive national land plan approved in accordance with the provisions of Article 12 of the Act, and forward such guidelines to the Do governor after consulting with the heads of the central administrative agencies concerned.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(2) The guidelines for formulating the Do comprehensive plan prepared by the Minister in accordance with the provisions of section (1) shall contain the matters applicable to each of the following subsections:  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

1. Relationship between the comprehensive national land plan and the Do comprehensive plan;

2. Basic matters of the Do comprehensive plan and procedures for formulating such plan;

3. Matters to be considered and main items when the Do comprehensive plan is formulated; and

4. Other matters necessary in connection with the formulation of the Do comprehensive plan.

Article 7 (Contents, etc. of Implementation Schedule)

(1) The implementation schedule by jurisdiction formulated in accordance with the provisions of Article 18 (1) of the Act shall be prepared every five years and contain the matters applicable to each of the following subsections:

1. Current situation and problems;

2. Objectives and implementation strategy;

3. Task to be performed and a detailed implementation schedule;

4. Implementation period and investment plan; and

5. Other matters necessary for the efficient execution of the implementation schedule.

(2) The head of the central administrative agency and the Mayor/Do governor shall prepare a performance record of promotion of the implementation schedule for their jurisdictions, in accordance with the provisions of Article 18 (2) of the Act, as of December 31 of every year and submit such written performance record to the Minister by the end of May of the next year.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(3) The Minister shall periodically assess the results of the comprehensive national land plan pursuant to the provisions of Article 18 (3) of the Act, based on the performance record of promotion of the implementation schedule by jurisdiction as prescribed in section (2), and notify any findings from the assessment of such results to the heads of the central administration agencies concerned and the Mayor/Do governor.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

Article 8 Deleted.  <By Presidential Decree 21671, Aug. 5, 2009>

Article 9 (Preparation, etc. of Annual Report on National Land Plan and Utilization)

(1) A report on the major policies for the national land plan and utilization as prescribed in Article 24 of the Act (hereinafter referred to as the “annual report”) shall be prepared by the Minister.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(2) The Minister may, if he/she deems it necessary for the preparation of the annual report as prescribed in section (1), ask the heads of the central administrative agencies concerned to submit material on the national land plan and utilization. In this case, the heads of the central administrative agencies concerned shall comply with the request from the Minister unless there exist any special situations not to.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

(3) The Minister shall prepare the annual report by utilizing the material submitted as prescribed in section (2), the promotion performance records of the implementation schedule by jurisdiction as prescribed in Article 7 (2) and the results, etc. of the national land survey as prescribed in Article 25 of the Act.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

Article 10 (Implementation of National Land Survey)

(1) The term “matters prescribed by the Presidential Decree” in Article 25 (1) of the Act refers to the matters applicable to each of the following subsections:  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

1. Matters concerning geographical information such as topography and ground features;

2. Matters concerning agriculture, forest, ocean and fisheries;

3. Matters concerning prevention of disaster and safety; and

4. Other matter deemed necessary by the Minister.

(2) The national land survey shall be conducted according to the following classification pursuant to the provisions of Article 25 (4) of the Act and the Minister may formulate a plan for the national land survey after prior consultation with the heads of the central administrative agencies concerned and the Mayor/Do governor on necessary matters such as items of the national land survey and entities in charge of the survey in order to efficiently implement the national land survey:  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

1. Periodic survey: a survey that is conducted annually to make use of findings from the survey for formulation and execution of plans and policies for the national land; and

2. Non-periodic survey: a survey that is conducted for a specific region or a specific field, etc. where it is deemed necessary by the Minister.

(3) Matters necessary for implementation of the national land survey other than the matters provided in section (2) shall be prescribed by the Minister.  <Amended by Presidential Decree No. 20736, Feb. 29, 2008>

Article 11 (Advisory Organization)

The Minister may establish an advisory organization for counseling of the matters necessary for formulation, etc. of the national land plan.

[This Article Wholly Amended by Presidential Decree No. 20736, Feb. 29, 2008]

Article 12 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 13 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 14 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 15 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 16 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 17 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 18 Deleted.  <By Presidential Decree No. 20736, Feb. 29, 2008>

Article 19 (Delegation of Authority)

The Minister shall delegate his/her authority for the following subsections to the Director of the National Geography Information Institute in accordance with the provisions of Article 33 (1) of the Act:  <Amended by Presidential Decree No. 18067, Jul. 26, 2003; Presidential Decree No. 20736, Feb. 29, 2008>

1. Deleted;  <By Presidential Decree No. 21671, Aug. 5, 2009>

2. The national land survey as prescribed in Article 25 of the Act, request for the submission of material, request for firsthand survey, commissioning of survey to any specialized institution, and formulation of a plan for surveying the national land as prescribed in Article 10 (2); and

3. Matters concerning the management and utilization of the national land information as prescribed in Article 8.

부칙  ADDENDA (Enforcement Decree of the National Spatial Information Act)

<Presidential Decree No. 21671, Aug. 5, 2009>

Article 1 (Enforcement Date)

This Decree shall take effect on Aug. 7, 2009.

Article 2  Omitted

Article 3 (Amendment of Other Acts)

(1) Part of the Enforcement Decree of the Framework Act on the National Land shall be amended as follows:

Article 8  and subsection 1 of Article 19 deleted.

(2) Omitted

******************************************************

NATIONAL LAND PLANNING AND UTILIZATION ACT

[Enforcement Date 02. Aug, 2012.] [Act No.11292, 01. Feb, 2012., Partial Amendment]
국토교통부(도시정책과-개발행위), 044-201-3717

국토교통부(도시정책과-도시계획시설), 044-201-3710, 3716

국토교통부(도시정책과-도시기본계획), 044-201-3711

국토교통부(도시정책과-용도지역), 044-201-4720, 3713

국토교통부(도시정책과-지구단위), 044-201-3709, 3714

국토교통부(도시정책과-토지적성), 044-201-3718

국토교통부(토지정책과-토지거래허가), 044-201-3402

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to promote public welfare and to upgrade the quality of people’s livelihood by providing for matters necessary for the formulation, implementation, etc. of plans to utilize, develop and preserve national land.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:  <Amended by Act No. 10599, Apr. 14, 2011>

1. The term “metropolitan plan” means a plan to set long-term development directions for metropolitan planning zones designated under Article 10;

2. The term “urban or Gun plan” means a plan on spatial structures and development directions established for the jurisdictions of the Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun (excluding any Gun located in the jurisdictions of a Metropolitan City; hereinafter the same shall apply), which shall be divided into a basic urban or Gun plan and an urban or Gun management plan;

3. The term “basic urban or Gun plan” means comprehensive planning for setting basic spatial structures and long-term development directions for the jurisdictions of the Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun, which forms guidelines for formulating urban or Gun management plans;

4. The term “urban or Gun management plans” means the following plans on land utilization, traffic, environment, scenery, safety, industries, information and communications, health, welfare, security, culture, etc., which are formulated to develop, improve and preserve the Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun:

(a) Plans on designation or alteration of special-purpose areas or special-purpose districts;

(b) Plans on designation or alteration of development-restriction zones, urban natural park zones, urbanization-coordination zones and fishery-resource protection zones;

(c) Plans on establishment, maintenance or improvement of the infrastructure;

(d) Plans on urban development projects or maintenance projects;

(e) Plans on designation or alteration of district-unit planning zones, and district-unit plans;

5. The term “district-unit plan” means an urban or Gun management plan that is developed to rationalize the land utilization, to increase its functionality, to improve aesthetics, to secure better environment, and to manage the relevant area in a systematic and planned manner, for part of an area subject to the formulation of an urban or Gun plan;

6. The term “infrastructure” means the following facilities prescribed by Presidential Decree:

(a) Traffic facilities, such as roads, railroads, harbors, airports, and parking lots;

(b) Open facilities, such as squares, parks, and green areas;

(c) Distribution and supply facilities, such as distribution business facilities, supply facilities for tap water, electricity and gas, broadcast and communications facilities, and utility tunnels;

(d) Public, cultural and sports facilities, such as schools, playgrounds, public offices, cultural facilities, sports facilities, etc.;

(e) Disaster-prevention facilities, such as rivers, storage reservoirs, and fire-prevention facilities;

(f) Health and sanitation facilities, such as crematoria, public cemeteries, and charnel houses;

(g) Basic environmental facilities, such as sewerage systems, and waste treatment facilities;

7. The term “urban or Gun planning facilities” means facilities determined by urban or Gun management plans among infrastructure;

8. The term “metropolitan facilities” means the following facilities that require maintenance systems in a metropolitan scale among infrastructure, which are prescribed by Presidential Decree:

(a) Facilities that extend over the jurisdictions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns;

(b) Facilities jointly utilized by two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns;

9. The term “utility tunnel” means a facility installed underground in order to improve scenery, to preserve road structures, and to ensure smooth traffic flows by commonly housing facilities buried underground including supply facilities for electricity, gas and tap water, communications facilities, sewerage facilities, etc.;

10. The term “urban or Gun planning facility project” means a project to build, maintain or improve urban or Gun planning facilities;

11. The term “urban or Gun planning projects” means the following projects to implement urban or Gun management plans:

(a) An urban or Gun planning facility project;

(b) An urban development project under the Urban Development Act;

(c) A rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

12. The term “urban or Gun planning project operator” means a person who executes an urban or Gun planning project pursuant to this Act or other Acts;

13. The term “public facilities” means roads, parks, railroads, tap water, and other public facilities prescribed by Presidential Decree;

14. The term “State plan” means a plan established by a central administrative agency pursuant to Acts or to achieve the policy objectives of the State that contains matters stipulated under Article 19 (1) 1 through 9 or those to be determined by an urban or Gun management plan;

15. The term “special-purpose area” means an area determined by an urban or Gun management plan so as not to be mutually overlapped, in order to utilize the land economically and efficiently, and to ensure an improvement of public welfare by placing restrictions on utilization of land, and on the use, building-to-land ratio (referring to the building-to-land ratio under Article 55 of the Building Act; hereinafter the same shall apply), floor area ratio (referring to the floor area ratio under Article 56 of the Building Act; hereinafter the same shall apply), height, etc. of buildings;

16. The term “special-purpose district” means a district determined by an urban or Gun management plan in order to increase the functionality of a special-purpose area, and to ensure the aesthetics, scenery, safety, etc. by placing stricter or relaxed limits on a special-use area, on the utilization of land, and on the use, building-to-land ratio, floor area ratio, height, etc. of buildings;

17. The term “special-purpose zone” means a zone determined by an urban or Gun management plan in order to prevent a disorderly sprawl of urban districts, to ensure a planned and phased utilization of land, and to comprehensively adjust and manage land utilization, etc., by otherwise placing stricter or relaxed limits on a special-purpose area and a special-purpose district, on the utilization of land, and on the use, building-to-land ratio, floor area ratio, height, etc. of the buildings;

18. The term “development-density control area” means an area designated pursuant to Article 66 in order to apply a stricter building-to-land ratio or floor area ratio on an area where the establishment of infrastructure is strained even though a shortage of infrastructure is anticipated due to the development of such area;

19. The term “infrastructure-levy area” means an area, other than a development-density control area, which is designated and publicly announced pursuant to Article 67 to require installation of infrastructure prescribed by Presidential Decree, such as roads, parks, green areas, etc. due to development, or to secure a site necessary for building infrastructure;

20. The term “infrastructure-building fees” means an amount of money to be imposed and collected pursuant to Article 69 to build infrastructure resulting from new construction and enlargement of facilities prescribed by Presidential Decree, such as detached houses, lodging facilities, etc. or to secure a site necessary for building infrastructure.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 3 (Basic Principles for Utilizing and Managing National Land)

National land shall be utilized and managed to achieve the following objectives in order to ensure soundness of the environment and sustainable development through the preservation of the natural environment and the efficient utilization of resources:  <Amended by Act No. 11292, Feb. 1, 2012>

1. Efficient utilization and smooth supply of land and various installations necessary for people’s livelihoods and economic activities;

2. Preservation of the natural environment and scenery, and the improvement and restoration of the damaged natural environment and scenery;

3. Provision of various basic services necessary for people’s livelihoods, such as traffic, water resources, energy, etc.;

4. Improvement of the quality of people’s livelihoods through the betterment of living environment, such as residence, etc.;

5. Preservation of the identity and cultural heritage of every region;

6. Pursuit of common prosperity through cooperation and balanced development between regions;

7. Minimization of social costs through the development of the regional economy and appropriate distribution of functions in and between regions;

8. The protection of life and property of people through response to climate change and the reduction of damage from storms and floods.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 3-2 (Assessment of Sustainability of Cities)(1) The Minister of Land, Transport and Maritime Affairs may assess the sustainability of a city for the sustainable and balanced development of the city.

(2) Matters necessary for the procedures, standards, etc. for assessing the sustainability of cities under paragraph (1) shall be prescribed by Presidential Decree.

(3) The State and local governments shall reflect the assessment results under paragraph (1) in the establishment and implementation of urban or Gun plans.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 4 (Relations, etc. of National Plans, Metropolitan City Plans and Urban or Gun Plans)(1) An urban or Gun plan shall form the basis for plans concerning the utilization, development and preservation of land formulated pursuant to other Acts in the jurisdiction of the Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun.

(2) A Metropolitan City plan and urban or Gun plan shall accord with a national plan, and when the details of a Metropolitan City plan or urban or Gun plan are different from those of a national plan, the details of a national plan shall take precedence over those of a Metropolitan City plan or urban or Gun plan. In such cases, the head of a central administrative agency who intends to formulate a national plan shall hear opinions of the heads of local governments and closely consult with them in advance.

(3) An urban or Gun master plan formulated for an area for which a Metropolitan City plan has been formulated shall accord with such Metropolitan City plan, and when the details of an urban or Gun master plan are different from those of such Metropolitan City plan, the details of the Metropolitan City plan shall take precedence over those of the urban or Gun master plan.

(4) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun (excluding the head of a Gun located in the jurisdiction of a Metropolitan City; hereinafter the same shall apply: Provided, That in Articles 113, 117 through 124, 124-2, 125, 126, 133, 136, 138 (1) and 139 (1) and (2), the head of a Gun located in the jurisdiction of a Metropolitan City shall be included) formulates a plan by category for environment, traffic, water supply, sewerage system, housing, etc., under other Acts under his/her jurisdiction, he/she shall formulate such plan so that it may accord with an urban or Gun master plan.

[This Article Wholly Amended by Act No. 10599, Apr. 14, 2011]

Article 5 (Titles of Urban or Gun Plans, etc.)(1) Where the designation of an administrative district is a Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or City, the title of urban or Gun planning, an urban or Gun master plan, urban or Gun management plan, urban or Gun planning facilities, urban or Gun planning facilities project, urban or Gun planning project and standing planning office for urban or Gun planning shall be construed as “urban planning”, “urban master plan”, “urban management plan”, “urban planning facilities”, “urban planning facilities project”, “urban planning project” and “standing planning office for urban planning”, respectively.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the designation of an administrative district is a Gun, the title of urban or Gun planning, an urban or Gun master plan, urban or Gun management plan, urban or Gun planning facilities, urban or Gun planning facilities project, urban or Gun planning project and standing planning office for urban or Gun planning shall be construed as “Gun planning”, “Gun master plan”, “Gun management plan”, “Gun planning facilities”, “Gun planning facilities project”, “Gun planning project” and “standing planning office for Gun planning”, respectively.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) The name of the urban planning committee set up in a Gun pursuant to Article 113 (2) shall be the “Gun planning committee”.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 6 (Division of National Land’s Use)

The national land shall be divided into the following special-purpose areas, in consideration of the actual conditions and characteristics of land utilization, the future directions of land utilization, etc.:

1. Urban areas: Areas requiring systematic development, maintenance, management, preservation, etc., as the population and industries are concentrated or such concentration is anticipated therein;

2. Control areas: Areas to be systematically controlled corresponding to the urban area in order to accommodate the population and industries of urban areas, or those requiring control corresponding to an agricultural and forest area or natural environment conservation area in order to promote the agricultural and forest industry, and to preserve the natural environment or forests;

3. Agricultural and forest areas: Areas necessary to promote the agricultural and forest industry and to preserve forests, such as agricultural promotion areas under the Farmland Act, or conserved mountainous districts under the Management of Mountainous Districts Act that do not belong to urban areas;

4. Natural environment conservation areas: Areas necessary to preserve the natural environment, water resources, coastal areas, eco-system, water supply resources and cultural heritage assets, and to protect and foster fishery resources, etc.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 7 (Management Obligation by Special-Purpose Area)

In order to efficiently utilize and manage special-purpose areas determined pursuant to Article 6, the State or a local government shall take necessary measures for maintenance and preservation of special-purpose areas, as prescribed in the following:

1. Urban areas: It shall formulate a plan in advance and implement it in order for the relevant areas to be systematically and efficiently developed, maintained and preserved, as stipulated in this Act or related Acts;

2. Control areas: It shall take required preservational measures, as stipulated in this Act or related Acts, and contrive the planned utilization and development of areas that need to be developed;

3. Agricultural and forest areas: It shall arrange for investigations and measures required to promote the agricultural and forest industry, and to conserve and foster forests, as stipulated in this Act or related Acts;

4. Natural environment conservation areas: It shall arrange for investigations and measures required to prevent environmental pollution, to conserve the natural environment, water quality, water resources, coastal areas, ecosystem and cultural heritage assets, and to protect and foster fishery resources, as stipulated in this Act or related Acts.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 8 (Restrictions, etc. on Designation of Zones, etc. concerning Land Utilization under other Acts)(1) Where the heads of central administrative agencies or the heads of local governments intend to designate an area, district, zone, boundary, etc. (hereafter referred to as “zone, etc.” in this Article) concerning land utilization under other Acts, they shall ensure the purpose of designating the relevant zone, etc. accords with the purpose of designating a special-purpose area, the special-purpose district and the special-use zone under this Act.

(2) Where the heads of central administrative agencies or the heads of local governments intend to designate, or alter a zone, etc. in excess of the area prescribed by President Decree among zones, etc. designated under other Acts, the heads of central administrative agencies shall consult with the Minister of Land, Transport and Maritime Affairs, and the heads of local governments shall obtain approval from the said Minister: Provided, That the same shall not apply to any of the following cases:  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10977, Jul. 28, 2011>

1. Where a zone, etc. they intend to designate, or alter under other Acts, has already been reflected in an urban or Gun master plan;

2. Where they intend to designate the following areas in the conservation and control areas, production control areas, agricultural and forest areas or natural environment conservation areas under Article 36:

(a) Agriculture promotion areas under Article 28 of the Farmland Act;

(b) Waterside zones under the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System;

(c) Water-source protection areas under Article 7 of the Water Supply and Waterworks Installation Act;

(d) Ecological and scenery conservation areas under Article 12 of the Natural Environment Conservation Act;

(e) Wildlife special protection zones under Article 27 of the Wildlife Protection and Management Act;

(f) Marine protection zones under Article 25 of the Conservation and Management of Marine Ecosystems Act;

3. Where they intend to designate a zone, etc. involving the military secrets;

4. Where they intend to alter a zone, etc. subject to consultation or approval, within the limit prescribed by Presidential Decree.

(3) Where the Minister of Land, Transport and Maritime Affairs intends to hold consultations or grant approval pursuant to paragraph (2), he/she shall submit it for deliberation thereon by the Central Urban Planning Committee under Article 106 (hereinafter referred to as the “Central Urban Planning Committee”): Provided, That the same shall not apply to the following cases:  <Amended by Act No. 10000, Feb. 4, 2010; Act No. 10977, Jul. 28, 2011>

1. Where the following zones, etc. are designated in a conservation and control area or production control area:

(a) Preserved mountainous districts under Article 4 (1) 1 of the Management of Mountainous Districts Act;

(b) Wildlife protection zones under Article 33 of the Wildlife Protection and Management Act;

(c) Wetland protection areas under Article 8 of the Wetlands Conservation Act;

(d) Areas requiring measures for soil conservation provided for in Article 17 of the Soil Environment Conservation Act;

2. Where the following zones, etc. are designated in an agricultural and forest area or natural environment conservation area:

(a) Zones, etc. falling under any item of subparagraph 1;

(b) Natural parks under Article 4 of the Natural Parks Act;

(c) First-grade zone on the ecological and nature map under Article 34 (1) 1 of the Natural Environment Conservation Act;

(d) Specific island under Article 4 of the Special Act on the Preservation of the Ecosystem in Island Areas including Dokdo;

(e) Scenic spots, natural monuments and their protective zones under Articles 25 and 27 of the Cultural Heritage Protection Act;

(f) First-grade zone on the marine ecosystem map under Article 12 (1) 1 of the Conservation and Management of Marine Ecosystems Act.

(4) If the head of a central administrative agency or the head of a local government intends to change or cancel an area, etc. on the use of land designated pursuant to other Acts, he/she shall hear an opinion of a person who has the authority to formulate an urban or Gun management plan under Article 24. In such cases, if it is necessary to change a specific use area, specific use district or specific use zone under this Act, a person who has the authority to formulate an urban or Gun management plan requested to advance his/her opinion shall reflect such change in an urban or Gun management plan.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

(5) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, a Do Governor or the Governor of a Special Self-governing Province (hereinafter referred to as the “Mayor/Do Governor”) has underwent deliberation by the City or Do urban planning committee under Article 113 (1) because it is necessary to change an urban or Gun management plan pursuant to the latter part of paragraph (4) when he/she does any of the following acts, he/she shall be deemed to have underwent deliberation under the relevant subparagraphs:  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

1. Cancellation of a farming promotion area under Article 31 (1) of the Farmland Act: Deliberation by the City or Do agriculture and fisheries, rural community and food industry policy deliberative committee under Article 15 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry;

2. Cancellation of the designation of a preserved mountainous district under Article 6 (3) of the Management of Mountainous Districts Act: Deliberation by the regional mountainous district management committee under Article 22 (2) of the Management of Mountainous Districts Act.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 9 (Restrictions on Alteration of Urban or Gun Management Plans, etc. under other Acts)

Where the head of a central administrative agency or the head of a local government intends to permit, authorize, approve or determine a plan in which content that presumes the determination of an urban or Gun management plan under this Act is included pursuant to other Acts, he/she shall take such plan into deliberation by the Central Urban Planning Committee or the local urban planning committee under Article 113 (hereinafter referred to as “local urban planning committee”), as prescribed by Presidential Decree: Provided, That this shall not apply where he/she falls under any of the followings:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where he/she consults with the Minister of Land, Transport and Maritime Affairs or obtains approval from the Minister of Land, Transport and Maritime Affairs pursuant to Article 8 (2);

2. Where he/she takes a plan into deliberation by the Central Urban Planning Committee or the local urban planning committee pursuant to other Acts;

3. Other cases prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER II METROPOLITAN PLAN

Article 10 (Designation of Metropolitan Planning Zones)(1) Where it is necessary to mutually link the spatial structures and functions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns, to conserve the environment, and to systematically maintain metropolitan facilities, the Minister of Land, Transport and Maritime Affairs may designate all or part of the jurisdictions of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns as a metropolitan plan zone under the following classifications, as prescribed by Presidential Decree:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where a metropolitan planning zone extends over the jurisdictions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities or Dos or Special Self-Governing Provinces (hereinafter referred to as “Cities/Dos”): Metropolitan planning zones shall be designated by the Minister of Land, Transport and Maritime Affairs;

2. Where a metropolitan planning zone falls within the jurisdiction of a Do: Metropolitan planning zones shall be designated by the competent Do Governor.

(2) The Mayor/Do Governor or the head of a Si/Gun may request the Minister of Land, Transport and Maritime Affairs to designate or alter metropolitan planning zones.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Minister of Land, Transport and Maritime Affairs intends to designate or alter a metropolitan planning zone, he/she shall submit it for deliberation thereon by the Central Urban Planning Committee, after hearing the opinions of the related Mayor/Do Governor or head of a Si/Gun.

(4) Where the Do Governor intends to designate or alter a metropolitan planning zone, he/she shall submit it for deliberation thereon by the local urban planning committee, after consulting thereon with the Minister of Land, Transport and Maritime Affairs, and hearing the opinions of the related Mayor/Do Governor or head of a Si/Gun.

(5) Where the Minister of Land, Transport and Maritime Affairs or the Do Governor has designated or altered a metropolitan planning zone, he/she shall promptly notify the related Mayor/Do Governor or head of a Si/Gun of such fact.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 11 (Authority to Formulate Metropolitan Plan)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun shall formulate metropolitan plans pursuant to the following classifications:

1. Where a metropolitan planning zone falls with the jurisdiction of the same Do: To be jointly formulated by the head of the competent Si/Gun;

2. Where a metropolitan planning zone extends over the jurisdictions of two or more Cities or Dos: To be jointly formulated by the competent Mayor/Do Governor;

3. Where the competent Mayor/Do Governor makes no request for approval under Article 16 (1) by the time three years lapse from the date on which the metropolitan planning zone is designated: To be formulated by the competent Do Governor;

4. Where a metropolitan plan related to the State plan needs to be formulated, or there exists no request for approval under Article 16 (1) from the competent Mayor/Do Governor by the time three years lapse from the date on which a metropolitan planning zone is designated: To be formulated by the Minister of Land, Transport and Maritime Affairs.

(2) Where requested by the Mayor/Do Governor and in other cases deemed necessary, the Minister of Land, Transport and Maritime Affairs may formulate the metropolitan plan jointly with the competent Mayor/Do Governor, notwithstanding paragraph (1).

(3) Where requested by the head of a Si/Gun or deemed necessary, the Do Governor may formulate a metropolitan plan jointly with the head of the competent Si/Gun, notwithstanding paragraph (1), and where requested by the head of the competent Si/Gun through consultation, may solely formulate a metropolitan plan.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 12 (Details of Metropolitan Urban Plans)(1) Any metropolitan plan shall include policy direction-setting for matters necessary to achieve the objectives of designating the relevant metropolitan planning zone among the following matters:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Matters concerning the spatial structure and division of functions of a metropolitan planning zone;

2. Matters concerning the management system of green areas and conservation of the environment in a metropolitan planning zone;

3. Matters concerning arrangement, size and installation of metropolitan facilities;

4. Matters concerning a scenery plan;

5. Other matters prescribed by Presidential Decree concerning the linkage of functions in or between Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns falling within a metropolitan planning zone.

(2) Standards, etc. for formulating a metropolitan plan shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 13 (Basic Investigations for Formulating Metropolitan Plan)(1) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall investigate and measure matters required to formulate or alter the relevant metropolitan plan among the population, economy, society, culture, land utilization, the environment, traffic, housing and other matters prescribed by Presidential Decree, as prescribed by Presidential Decree.

(2) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun may request the heads of related administrative agencies to submit the data required for investigation or measurement under paragraph (1). In such cases, the heads of related administrative agencies in receipt of such request shall comply therewith unless extenuating circumstances exist.

(3) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun may request investigations or measurement under paragraph (1) or (2) to a specialized institution, where necessary for efficient investigation and measurement.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 14 (Holding of Public Hearings)(1) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall hold a public hearing in advance, and hear opinions of residents, related experts, etc. and reflect the opinions presented in the public hearing in the metropolitan plan if deemed reasonable.

(2) Necessary matters concerning the holding of a public hearing under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 15 (Hearing Opinions of Local Governments)(1) Where the Mayor/Do Governor or the head of a Si/Gun intends to formulate or alter a metropolitan plan, he/she shall hear in advance the opinions of the councils of the related City/Do and the related Si/Gun and the related Mayor/Do Governor.

(2) Where the Minister of Land, Transport and Maritime Affairs intends to formulate or alter the metropolitan plan, he/she shall forward a draft metropolitan plan to the related Mayor/Do Governor, and the related Mayor/Do Governor shall hear the opinions of the council of the relevant City/Do and the head of the related Si/Gun on the draft metropolitan planning, and thereafter submit results thereof to the Minister of Land, Transport and Maritime Affairs.

(3) The council of a City/Do or a Si/Gun and the head of the related Si/Gun under paragraphs (1) and (2) shall present their opinions to the Mayor/Do Governor or the head of a Si/Gun within 30 days unless extenuating circumstances exist.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 16 (Approval for Metropolitan Plan)(1) Where the Mayor/Do Governor formulates or alters a metropolitan plan, he/she shall obtain approval from the Minister of Land, Transport and Maritime Affairs: Provided, That this shall not apply to a metropolitan plan formulated by a Do Governor pursuant to Article 11 (3).

(2) Where the Minister of Land, Transport and Maritime Affairs intends to approve a metropolitan plan under paragraph (1), or to directly formulate or alter a metropolitan plan (including where he/she formulates or alters jointly with a Mayor/Do Governor), he/she shall submit it for deliberation thereon by the Central Urban Planning Committee after consulting with the heads of related central administrative agencies.

(3) Upon receipt of a request for consultation under paragraph (2), the heads of related central administrative agencies shall present their opinions to the Minister of Land, Transport and Maritime Affairs within 30 days from the date such request is received, unless any extraordinary ground exists.

(4) Where the Minister of Land, Transport and Maritime Affairs directly formulates or alters a metropolitan plan, or approves the said plan, he/she shall forward related documents to the heads of related central administrative agencies and a Mayor/Do Governor, who, in turn, shall publicly notify them, and make them available for public perusal, as prescribed by Presidential Decree.

(5) The head of a Si/Gun shall obtain approval from the competent Do Governor to establish or alter a metropolitan plan.

(6) Paragraphs (2) through (4) shall apply mutatis mutandis where a Do Governor approves a metropolitan plan pursuant to paragraph (5), or directly formulates or alters it pursuant to Article 11 (3) (including where he/she formulates alters it jointly with the head of a Si/Gun). In such cases, “Minister of Land, Transport and Maritime Affairs” shall be construed as “Do Governor”, “heads of central administrative agencies” as “heads of administrative agencies (including the Minister of Land, Transport and Maritime Affairs)”, “Central Urban Planning Committee” as “local urban planning committee”, and “Mayor/Do Governor” as “head of a Si/Gun”.

(7) Necessary matters concerning formulation and implementation of a metropolitan plan, except for the matters stipulated in paragraphs (1) through (6) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 17 (Mediation of Metropolitan Plan)(1) Where a Mayor/Do Governor who jointly establishes a metropolitan plan pursuant to Article 11 (1) 2 fails to reach agreement on its details, he/she may jointly or independently request the Minister of Land, Transport and Maritime Affairs to mediate it.

(2) Where the Minister of Land, Transport and Maritime Affairs has received a request for mediation filed independently under paragraph (1), he/she may advise that the interested parties hold a consultation again within a designated period, and where agreement is not reached within the period, he/she may directly mediate it.

(3) Where the Minister of Land, Transport and Maritime Affairs receives a request for mediation under paragraph (1) or intends to conduct a direct mediation under paragraph (2), he/she shall mediate the details of the metropolitan plan, following deliberation thereon by the Central Urban Planning Committee. In such cases, the head of a local government having an interest therein may attend a meeting of the Central Urban Planning Committee and state his/her opinions.

(4) A person who formulates a metropolitan plan shall reflect the result of mediation under paragraph (3) in the metropolitan plan.

(5) Where the head of a Si/Gun who jointly formulates the metropolitan plan under Article 11 (1) 1 fails to reach agreement on its details, he/she may jointly or independently request a Do Governor to mediate it.

(6) Paragraphs (2) through (4) shall apply mutatis mutandis where a Do Governor mediates a metropolitan plan pursuant to paragraph (5). In such cases, “Minister of Land, Transport and Maritime Affairs” shall be construed as “Do Governor”, and “Central Urban Planning Committee” as “local urban planning committee of the competent Do”.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 17-2 (Organization and Operation of Metropolitan Planning Council)(1) Where the Mayor/Do Governor, Mayor/Do Governor, or the head of a Si/Gun jointly formulates a metropolitan plan pursuant to Article 11 (1) 1 and 2, paragraphs (2) and (3) of the same Article, he/she may organize and operate the Metropolitan Planning Council for the consultation, mediation, advice, etc. on formulation of a metropolitan plan.

(2) Where the Metropolitan Planning Council consults or mediates in relation to formulation of a metropolitan plan pursuant to paragraph (1), the details of such mediation shall be reflected in a metropolitan plan, and the relevant Mayor/Do Governor, or the head of a Si/Gun shall comply therewith.

(3) Necessary matters concerning organization and operation of the Metropolitan Planning Council, in addition to those stipulated under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9442, Feb. 6, 2009]

CHAPTER III BASIC URBAN PLAN

Article 18 (Persons who Have Authority to Formulate Urban or Gun Master Plans and Areas Subject thereto)(1) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall formulate an urban or Gun master plan for a district under his/her jurisdiction: Provided, That a Si/Gun prescribed by Presidential Decree may choose not to formulate an urban or Gun master plan, in consideration of its location, the size of its population, the decrease of its population, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun deems it necessary due to regional conditions, he/she may formulate an urban or Gun master plan by including all or some of districts under the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to formulate an urban or Gun master plan by including districts under the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun pursuant to paragraph (2), he/she shall consult in advance with the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or head of the Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 19 (Details of Urban or Gun Master Plans)(1) An urban or Gun master plan shall include policy direction-setting for the following matters:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Matters concerning local features and direction-setting and objectives of a plan;

2. Matters concerning spatial structure, establishment of living zones and distribution of population;

3. Matters concerning the utilization and development of land;

4. Matters concerning the supply and demand of land by each use;

5. Matters concerning the conservation and management of the environment;

6. Matters concerning infrastructure;

7. Matters concerning parks and green areas;

8. Matters concerning sceneries;

8-2. Matters concerning response to climate change and energy conservation;

8-3. Matters concerning the prevention of disasters and safety;

9. Matters concerning a phased advancement of matters provided for in subparagraphs 2 through 8, 8-2 and 8-3;

10. Other matters prescribed by Presidential Decree.

(2) Deleted.  <by Act No. 10599, Apr. 14, 2011>

(3) Standards, etc. for formulating an urban or Gun master plan shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 20 (Basic Investigations and Public Hearings for Formulating Urban or Gun Master Plans)

Articles 13 and 14 shall apply mutatis mutandis where an urban or Gun master plan is formulated or altered. In such cases, “Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun” shall be construed as the “Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun”, and the term “metropolitan plan” as “urban or Gun master plan”.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 21 (Hearing Opinions of Local Council)(1) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun formulates or alters an urban or Gun master plan, he/she shall hear in advance the opinions of the council of the relevant Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The council of a Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun under paragraph (1) shall present its opinions to the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun within 30 days, except in extenuating circumstances.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 22 (Confirmation of Urban or Gun Master Plans of Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province)(1) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City or the Governor of a Special Self-governing Province intends to formulate or alter an urban or Gun master plan, he/she shall submit it for deliberation thereon by the competent local urban planning committee after consulting with the heads of related administrative agencies (including the Minister of Land, Transport and Maritime Affairs; hereafter the same shall apply in this Article and Article 22-2).  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The heads of related central administrative agencies in receipt of a request for consultations under paragraph (1) shall present their opinions to the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City or the Governor of a Special Self-governing Province within 30 days from the date such request is received, except in extenuating circumstances.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City or the Governor of a Special Self-governing Province formulates or alters an urban or Gun master plan, he/she shall forward related documents to the heads of related administrative agencies, and publicly notify the plan and make it available for public perusal, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 22-2 (Approval for Urban or Gun Master Plans of Sis/Guns)(1) Where the head of a Si/Gun intends to formulate or alter an urban or Gun master plan, he/she shall obtain approval from the competent Do Governor, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Do Governor intends to approve an urban or Gun master plan pursuant to paragraph (1), he/she shall submit it for deliberation thereon by the competent local urban planning committee after consulting with the heads of related administrative agencies.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Article 22 (2) shall apply mutatis mutandis to consultations under paragraph (2). In such cases, “the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City or the Governor of a Special Self-governing Province” shall be construed as the “Do Governor”.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Do Governor has approved an urban or Gun master plan, he/she shall forward related documents to the heads of related administrative agencies and the head of the competent Si/Gun, and the head of the competent Si/Gun in receipt of related documents shall publicly notify a plan and make it available for public perusal, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Newly Inserted by Act No. 9442, Feb. 6, 2009]

Article 22-3 (Relationship between Basic Urban Plan and State Plan) <by Act No. 10599, Apr. 14, 2011>

Article 23 (Adjustment of Urban or Gun Master Plans)(1) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall perform an overall review of the feasibility of an urban or Gun master plan for his/her jurisdiction every five years and adjust it accordingly.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall reflect the details of a metropolitan urban plan that takes precedence over those of an urban or Gun master plan under Article 4 (2) and (3), and the details of the State plan that takes precedence over an urban or Gun master plan in an urban or Gun master plan.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER IV URBAN OR GUN MANAGEMENT PLAN

SECTION 1 Procedures for Formulating Urban or Gun Management Plans

Article 24 (Persons who Have Authority to Formulate Urban or Gun Management Plans)(1) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall formulate an urban or Gun management plan for a district under his/her jurisdiction.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may formulate an urban or Gun management plan by including the whole or part of the jurisdiction of the adjacent Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun in any of the following cases:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where consultations are held in advance with the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun whose jurisdiction is adjacent thereto, as deemed necessary in view of local conditions;

2. Where an urban or Gun master plan has been formulated by including the jurisdiction of the adjacent Special Metropolitan City, a Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun under Article 18 (2).

(3) The relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-governing City Mayor, Special Self-governing Province Governor or head of a Si/Gun shall either jointly formulate an urban or Gun management plan for the jurisdiction of the adjacent Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun under paragraph (2), or designate a person who will formulate such plan, through consultation.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the consultation under paragraph (3) fails to reach agreement, a person who will formulate an urban or Gun management plan shall be designated by the competent Do Governor if an area, for which an urban or Gun management plan is to be formulated, falls within the jurisdiction of the same Do; and by the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article) if the said area extends over the jurisdictions of two or more Cities/Dos; and such designation shall be publicly announced by the Do Governor or the Minister.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Notwithstanding the provisions of paragraph (1) or (2), the Minister of Land, Transport and Maritime Affairs may formulate an urban or Gun management plan either ex officio or upon request from the heads of related central administrative agencies in any of the following cases. In such cases, the Minister of Land, Transport and Maritime Affairs shall hear the opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where the said plan is related to the State plan;

2. Where any matter is to be determined by an urban or Gun management plan, among project plans for a special-purpose area, special-purpose district or special-purpose zone to be designated over two or more Cities/Dos, and an area extended over two or more Cities/Dos;

3. Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun fails to adjust an urban or Gun management plan in compliance with a request for coordinating such urban or Gun management plan by the Minister of Land, Transport and Maritime Affairs by a deadline under Article 138.

(6) Notwithstanding the provisions of paragraph (1) or (2), the Do Governor may formulate an urban or Gun management plan either ex officio or upon request from the head of a Si/Gun in any of the following cases. In such cases, the Do Governor shall hear the opinions of the head of the related Si/Gun:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where any matter is to be determined by an urban or Gun management plan, among project plans for a special-purpose area, special-purpose district or special-purpose zone to be designated over two or more Cities/Dos, and an area extended over two or more Cities/Dos;

2. Where any matter is to be determined by an urban or Gun management plan, among project plans directly formulated by the Do Governor.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 25 (Formulation of Urban or Gun Management Plans)(1) An urban or Gun management plan shall accord with a metropolitan plan and an urban or Gun master plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article), the Mayor/Do Governor or the head of a Si/Gun formulates an urban or Gun management plan, he/she shall prepare documents on an urban or Gun management plan (referring to layout drawings and planning protocol; hereinafter the same shall apply) and the supplementary specifications for the plan (including the results of basic investigations, financing schemes, plans for scenery, etc.; hereinafter the same shall apply), as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) An urban or Gun management plan shall be formulated based on the level of details in an urban or Gun management plan, and types of infrastructure to be determined by an urban or Gun management plan, by comprehensively considering the population density of the regions of urban, agricultural, forest and fishery villages, characteristics of land utilization, surrounding environments, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Standards for the formulation of an urban or Gun management plan, and standards and methods for preparing documents on urban or Gun management planning, the specifications for plan, etc. shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 26 (Proposal for Formulation of Urban or Gun Management Plans)(1) Residents (including interested parties; hereinafter the same shall apply) may propose formulation of an urban or Gun management plan pursuant to Article 24, with regard to the following matters, to any person who may formulate such plan. In such cases, a written proposal shall be accompanied by documents on urban or Gun management plans and the specifications for the plan:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Matters concerning establishment, maintenance or improvement of infrastructure;

2. Matters concerning designation or alteration of a district-unit planning zones, and formulation or alteration of a district-unit plan.

(2) A person proposed to formulate an urban or Gun management plan pursuant to paragraph (1) shall notify a proposer of the results of processing the proposal.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) A person proposed to formulate an urban or Gun management plan pursuant to paragraph (1) may require a proposer to bear all or some of expenses incurred in formulating and determining a proposed urban or Gun management plan, in consultation with the proposer.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Except for matters provided for in paragraphs (1) through (3), matters necessary for a proposal for an urban or Gun management plan, and processing of written proposals, etc. shall be prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 27 (Basic Investigations, etc. into Formulation of Urban or Gun Management Plans)(1) Article 13 shall apply mutatis mutandis to the formulation of an urban or Gun management plan: Provided, That this shall not apply where any minor matters prescribed by Presidential Decree are formulated.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article), the Mayor/Do Governor or the head of a Si/Gun shall include an environmental review, such as an urban or Gun management plan’s impact, etc. on the environment in the details of the basic investigation under paragraph (1).  <Amended by Act No. 10599, Apr. 14, 2011>

(3) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun shall include an appraisal on land properties, such as the soil, location, utilization potential, etc. of the land that is to be conducted, as determined by the Minister of Land, Transport and Maritime Affairs, in the details of a basic investigation under paragraph (1).

(4) Where a zone to be designated as a district-unit planning zone, or a zone for which a district-unit plan is to be drafted, satisfies the requirements prescribed by Presidential Decree, such as where it is located in the downtown area or no bare sites remain as the development has been finished, any basic investigations, environmental review, or appraisal on land properties referred to in paragraphs (1) through (3) may be omitted.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 28 (Hearing of Opinions of Residents and Local Council)(1) Where the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone pursuant to Article 40; hereafter the same shall apply in this Article), the Mayor/Do Governor or the head of a Si/Gun formulates an urban or Gun management plan pursuant to Article 25, he/she shall hear the opinions of residents, and reflect the opinions in a draft of an urban or Gun management plan where such opinions are deemed appropriate: Provided, That the same shall not apply where they are matters involving confidentiality in relation to national defense or national security (limited to that requested by the heads of related central administrative agencies), or where they are minor matters prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Minister of Land, Transport and Maritime Affairs or the Do Governor intends to formulate an urban or Gun management plan pursuant to Article 24 (5) and (6), he/she shall forward a draft of an urban or Gun management plan to the related Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing province or the head of a Si/Gun, specifying a deadline for hearing the opinions of residents.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun in receipt of a draft of an urban or Gun management plan under paragraph (2) shall hear the opinions of residents on the relevant draft of an urban or Gun management plan by the specified period, and submit the results thereof to the Minister of Land, Transport and Maritime Affairs or the Do Governor.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Matters necessary for hearing of residents’ opinions under paragraph (1) shall be determined by municipal ordinances of the relevant local government pursuant to standards prescribed by Presidential Decree.

(5) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun intends to formulate an urban or Gun management plan, he/she shall hear the opinions of the relevant local council on matters prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) Paragraphs (2) and (3) shall apply mutatis mutandis where the Minister of Land, Transport and Maritime Affairs or the Do Governor hears the opinions of the local council pursuant to paragraph (5). In such cases, “residents” shall be construed as “local council”.

(7) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to hear the opinion of the local council pursuant to paragraph (5), he/she shall forward a draft of an urban or Gun management plan, specifying a period for presenting opinions. In such cases, the relevant local council shall present its opinion to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun by a specified deadline.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 29 (Persons who Have Authority to Determine Urban or Gun Management Plans)(1) An urban or Gun management plan shall be decided by the relevant Mayor/Do Governor either ex officio or upon request from the head of the relevant Si/Gun: Provided, That an urban or Gun management plan for a large city, except Seoul Special Metropolitan City, Metropolitan Cities and Special Self-governing City, the population of which is not less than 500,000 (hereinafter referred to as “large city”) under Article 175 of the Local Autonomy Act shall be directly determined by the Mayor of the city (hereinafter referred to as “Mayor of a large city”).  <Amended by Act No. 9861, Dec. 29, 2009; Act No. 10599, Apr. 14, 2011>

(2) Notwithstanding the provisions of paragraph (1), the following urban or Gun management plans shall be determined by the Minister of Land, Transport and Maritime Affairs: Provided, That an urban or Gun management plan under subparagraph 4 shall be determined by the Minister for Food, Agriculture, Forestry and Fisheries:  <Amended by Act No. 10599, Apr. 14, 2011>

1. An urban or Gun management plan formulated by the Minister of Land, Transport and Maritime Affairs pursuant to Article 24 (5);

2. An urban or Gun management plan concerning the designation and alteration of a development-restriction zone under Article 38;

3. An urban or Gun management plan concerning the designation and alteration of an urbanization-coordination zone under Article 39;

4. An urban or Gun management plan concerning the designation and alteration of a fishery-resource protection zone under Article 40.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 30 (Determination of Urban or Gun Management Plans)(1) Where the Mayor/Do Governor intends to determine an urban or Gun management plan, he/she shall consult in advance with the heads of related administrative agencies, and the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article) intends to determine an urban or Gun management plan, he/she shall consult in advance with the heads of related central administrative agencies. In such cases, the heads of agencies in receipt of a request for consultations shall present their opinions within 30 days from the date on which he/she is so requested, except in extenuating circumstances.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Mayor/Do Governor intends to alter an urban or Gun management plan formulated and determined by the Minister of Land, Transport and Maritime Affairs pursuant to Article 24 (5), or intends to determine an urban or Gun management plan concerning important matters prescribed by Presidential Decree, he/she shall consult in advance with the Minister of Land, Transport and Maritime Affairs.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Minister of Land, Transport and Maritime Affairs intends to determine an urban or Gun management plan, he/she shall submit it for deliberation by the Central Urban Planning Committee, and where the Mayor/Do Governor intends to determine an urban or Gun management plan, he/she shall submit it for deliberation thereon by the City/Do Urban Planning Committee under Article 113 (1): Provided, That the Mayor/Do Governor shall undergo joint deliberation on the following matters among district-unit plans by the building committee set up in the relevant City/Do pursuant to Article 4 of the Building Act and the urban planning committee, as prescribed by Presidential Decree:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Matters concerning the maximum limit or the minimum limit on the height of buildings under Article 52 (1) 4;

2. Matters provided for in Article 52 (1) 5;

3. Matters concerning a scenery plan under Article 52 (1) 6.

(4) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor may omit procedures stipulated under paragraphs (1) through (3) for the whole or part of such urban or Gun management plan, when he/she deems that it involves confidentiality in relation to national defense and national security (limited to cases where the heads of related central administrative agencies request so).  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Paragraphs (1) through (4) shall apply mutatis mutandis where a determined urban or Gun management plan is to be altered: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) Where the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor has determined an urban or Gun management plan, he/she shall publicly announce such determination, as prescribed by Presidential Decree, and the Minister of Land, Transport and Maritime Affairs or the Do Governor shall forward related documents to the related Special Metropolitan City Mayor, Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun to make them available for public perusal, and the Special Metropolitan City Mayor and the Metropolitan City Mayor, the Mayor of a Special Self-governing City or the Governor of a Special Self-governing Province shall make related documents available for public perusal.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) Articles (1) through (6) shall apply mutatis mutandis where the Mayor of a large city determines an urban or Gun management plan. In such cases, a “Mayor/Do Governor” shall be construed as “Mayor of a large city”, “City/Do urban planning committee under Article 113 (1)” as “Si/Gun/Gu urban planning committee (where established in a large city) under Article 113 (2)”, “building committee established in City/Do under Article 4 of the Building Act” as “building committee established in a large city under Article 4 of the Building Act”, and “Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province” as “Mayor of a large city”.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 31 (Effects of Decision on Urban or Gun Management Plans)(1) Any decision on an urban or Gun management plan shall take effect five days after the date on which a public announcement under Article 30 (6) is made.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) A person who has already commenced business or work as at the time an urban or Gun management plan is determined (referring to a person who has commenced business or work by obtaining the relevant license, authorization, approval, etc., where the license, authorization, approval, etc. needs to be obtained pursuant to this Act or other Acts) may continue such business or work, irrespective of determination of relevant urban or Gun management plans: Provided, That where an urban or Gun management plan concerning an urbanization-coordination zone or a fishery-resource protection zone is determined, he/she may continue his/her business or work after filing a report thereon with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 32 (Public Announcement, etc. of Topographic Maps as to Urban or Gun Management Plans)(1) Where a public announcement of an urban or Gun management plan under Article 30 is made, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall prepare a drawing clarifying the details of an urban or Gun management plan on a topographic map indicating the cadastral matters, as prescribed by Presidential Decree: Provided, That in cases prescribed by Presidential Decree, such as where no decision on the urban or Gun planning facilities has been made for the relevant land in an area, other than urban areas, etc., a drawing clarifying the details of an urban or Gun management plan may be prepared on the topographic map indicating no cadastral matters.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where a Mayor (excluding the Mayor of a large city) or the head of a Gun has prepared a drawing clarifying the details of an urban or Gun management plan (hereinafter referred to as “topographic drawing”) on a topographic map under paragraph (1), he/she shall obtain approval from the Do Governor. In such cases, the Do Governor in receipt of a request for approval for the topographic drawing shall grant approval for the topographic drawing within a period set by Presidential Decree if he/she deems that no error exists in such topographic drawing in comparison with an urban or Gun management plan determined and publicly announced.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone pursuant to Article 40; hereafter the same shall apply in this Article) or the Do Governor has directly drafted an urban or Gun management plan, he/she may directly prepare a topographic drawing after hearing the opinions of the related Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-governing City mayor, Special Self-governing Province Governor or head of a Si/Gun, notwithstanding the provisions of paragraphs (1) and (2).  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city has directly prepared a topographic drawing or approved a topographic drawing, he/she shall publicly announce it, as prescribed by Presidential Decree, and the Minister of Land, Transport and Maritime Affairs, or Do Governor shall forward related documents to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun to make them available for public perusal; and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the Mayor of a large city shall make related documents available for public perusal.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Where determination of an urban or Gun management plan has been publicly announced by using a topographic drawing equivalent or above the scale prescribed by Presidential Decree, the public announcement of determination of such urban or Gun management plan may substitute for a public announcement under paragraph (4) without preparing any separate topographic drawing. In such cases, a clarification to the effect that a public announcement is made without separately preparing a topographic drawing shall be contained in the details of public announcement of a determination of urban or Gun management.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 33 (Invalidation of Determination of Urban or Gun Management Plans)(1) Where no public announcement is made concerning a topographic drawing under Article 32 (4) by the date on which two years elapse from the date a determination of an urban or Gun management plan is publicly announced (excluding cases of substituting for public announcement of a topographic drawing under Article 32 (5)), determination of such urban or Gun management plan shall lose its validity on the date following the day on which such two years elapse.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where a determination of an urban or Gun management plan is invalidated pursuant to paragraph (1), the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40), the Mayor/Do Governor or the Mayor of a large city shall publicly announce such fact without delay, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 34 (Adjustment of Urban or Gun Management Plans)

The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall perform an overall review of the feasibility as to whether an urban or Gun management plan for his/her jurisdiction is appropriate every five years, as prescribed by Presidential Decree, and adjust it.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 35 (Special Cases concerning Drafting Urban or Gun Management Plans)(1) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun deems it necessary to promptly draft an urban or Gun management plan, he/she may concurrently draft the said plan when formulating a metropolitan plan or an urban or Gun master plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40), the Mayor/Do Governor or the head of a Si/Gun may consult on matters to be consulted pursuant to Article 30 (1) with the heads of related central administrative agencies or the heads of related administrative agencies when drafting an urban or Gun management plan, where deemed necessary. In such cases, the head of a Si/Gun shall append the results of consultations with the heads of related administrative agencies when he/she files an application for determination of an urban or Gun management plan with the Do Governor.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Consultations under Article 30 (1) may be omitted with respect to matters consulted in advance pursuant to paragraph (2).

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

SECTION 2 Special-Purpose Areas, Special-Purpose Districts and Special-Purpose Zones

Article 36 (Designation of Special-Purpose Areas)(1) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city shall make a decision on the designation or alteration of any of the following special-purpose areas based on an urban or Gun management plan:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Urban areas: To be designated under any of the following categories:

(a) Residential areas: Areas necessary to protect peaceful dwelling and sound living environment;

(b) Commercial areas: Areas necessary to increase convenience in commerce and other businesses;

(c) Industrial areas: Areas necessary to increase convenience of industries;

(d) Green areas: Areas requiring the conservation of green areas to protect the natural environment, farmland and forests, health and sanitation, security and to prevent any disorderly sprawl of cities;

2. Control areas: To be designated under any of the following categories:

(a) Conservation and control areas: Areas difficult to be controlled by designating them as natural environment conservation areas, in consideration of relationship, etc. with peripheral special-purpose areas, while conservation is necessary to protect the natural environment, and forests, to prevent water pollution, to secure green spaces, to conserve ecosystems, etc.;

(b) Production control areas: Areas difficult to be controlled by designating them as agricultural and forest areas, in consideration of relationship, etc. with peripheral special-purpose areas, while a control is needed for the production in agricultural, forestry and fishery businesses, etc.;

(c) Planned control areas: Areas requiring planned and systematic control that are expected to be integrated into an urban area, but intended for restricted utilization and development in view of the natural environment;

3. Agricultural and forest areas;

4. Natural environment conservation areas.

(2) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city may designate or alter a special-purpose area under any subparagraph of paragraph (1) and each item of each subparagraph after subdividing such areas by a determination of an urban or Gun management plan, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 37 (Designation of Special-Purpose Districts)(1) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city shall make a decision on designation or alteration of any of the following special-purpose districts, by an urban or Gun management plan:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Scenery districts: Districts necessary to protect and create scenery;

2. Aesthetic districts: Districts to ensure aesthetics;

3. Height districts: Districts where the minimum limit or maximum limit on the height of buildings needs to be regulated to create pleasant environments and to efficiently use land;

4. Fire-prevention districts: Districts necessary to prevent the risk of a fire;

5. Disaster-prevention districts: Districts necessary to prevent the storm and flood damage, landslide, ground collapse and other disasters;

6. Conservation districts: Districts necessary to protect and conserve cultural heritage assets, major installations and areas of great conservative value culturally and ecologically;

7. Facility protection districts: Districts necessary to protect school facilities, public facilities, harbors or airports, to ensure efficient business functions, and safe aircraft’s navigation, etc.;

8. Settlement districts: Districts to improve the settlements within a green area, control area, agricultural and forest area, natural environment conservation area, development-restriction zone, or urban natural park zone;

9. Development promotion districts: Districts where the functions of dwelling, commerce, industry, distribution and logistics, tourism and recreation, etc. need to be intensively developed and improved;

10. Special-purpose restricted districts: Districts where the locations of specific facilities, such as those harmful to juveniles, etc. need to be restricted for the purpose of protecting the dwelling functions, the juveniles, etc.;

11. Other districts prescribed by Presidential Decree.

(2) The Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city may designate or alter special-purpose districts under each subparagraph of paragraph (1) after subdividing such districts by determination of an urban or Gun management plan, as prescribed by Presidential Decree, where deemed necessary.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where deemed necessary on the ground of local conditions, a Mayor/Do Governor or the Mayor of a large city may determine any designation or alteration of special-purpose districts, other than a special-purpose district under each subparagraph of paragraph (1) by an urban or Gun management plan, by stipulating any title of a special-purpose district and the purpose of its designation, and any matters, etc. concerning the prohibition and restriction of construction and other acts under municipal ordinances of the relevant City/Do or large city, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 38 (Designation of Development-Restriction Zones)(1) Where the Minister of Land, Transport and Maritime Affairs deems it necessary to restrict urban development in order to secure a sound living environment for urban residents by preventing disorderly urban sprawl of cities, and by conserving the natural environment around the cities, or necessary to restrict urban development on the ground of national security upon request from the Minister of National Defense, he/she may determine any designation or alteration of development-restriction districts by an urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Matters necessary for designation or alteration of development restriction zones shall be separately prescribed by other Acts.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 38-2 (Designation of Urban Natural Park Zones)(1) Where a Mayor/Do Governor or the Mayor of a large city deems it necessary to place restrictions on the development of a mountainous district of fair vegetation within urban areas in order to protect the natural environment and scenic beauty of the city, and to provide a wholesome leisure and rest areas to city-dwellers, he/she may make decisions on the designation or alteration of an urban natural park zone by an urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Matters necessary for designation or alteration of an urban natural park zones shall be separately prescribed by other Acts.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 39 (Designation of Urbanization-Coordination Zones)(1) Where the Minister of Land, Transport and Maritime Affairs deems it necessary to reserve any urbanization during a period set by Presidential Decree to prevent a disorderly urbanization of an urban area and its peripheral areas and to ensure planned and phased developments, he/she may determine, either ex officio or upon request from the heads of related administrative agencies, any designation or alteration of an urbanization-coordination zone, by an urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) A determination of an urban or Gun management plan on designation of an urbanization-coordination zone shall lose its validity from the day following the date on which the period for reservation of urbanization under paragraph (1) has expired. In such cases, the Minister of Land, Transport and Maritime Affairs shall publicly announce such fact, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 40 (Designation of Fishery-Resource Protection Zones)

The Minister for Food, Agriculture, Forest and Fisheries may, either ex officio or upon request from the heads of related administrative agencies, determine any designation or alteration of a fishery-resource protection zone for public waters necessary to protect and foster fishery resources or the land adjacent thereto, by an urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 41 (Designation of Reclaimed Land of Public Waters as Special-Use Areas)(1) Where the purpose of reclaiming the public waters (limited to the sea) is identical with the details of a special-purpose area neighboring on the relevant reclaimed districts, notwithstanding the provisions of Articles 25 and 30, the relevant district that has completed a reclamation shall be deemed designated as a special-purpose area neighboring thereon without taking procedures for drafting and determining an urban or Gun management plan from the date on which the completion of such reclamation is approved. In such cases, the related Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-governing City Mayor, Special Self-governing Province Governor or head of a Si/Gun shall promptly make a public notification of such fact.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the purpose of reclaiming the public waters is different from the details of a special-purpose area neighboring on the relevant reclaimed district, and where the said reclaimed district extends over two or more special-purpose areas or neighbors thereon, a special-purpose area whereto such reclaimed district belongs shall be designated by determining its urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the head of a related administrative agency performs completion inspection of reclamation of public waters under the Public Waters Reclamation and Management Act, he/she shall promptly notify the related Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun thereof, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.  <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 42 (Legal Fiction of Designation, etc. of Areas Designated by other Acts as Special-Purpose Areas)(1) An area designated and publicly announced as any of the following zones, etc. shall be deemed determined and publicly announced as an urban area under this Act:  <Amended by Act No. 10764, May 30, 2011; Act No. 11020, Aug. 4, 2011>

1. A public water connected with an urban area, being a harbor zone under subparagraph 4 of Article 2 of the Harbor Act;

2. A public water connected with an urban area, being a fishery-harbor zone under Article 17 (1) of the Fishing Villages and Fishery Harbors Act;

3. A national industrial complex, general industrial complex, and urban high-tech industrial complex under subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act;

4. A district for housing site development under Article 3 of the Housing Site Development Promotion Act;

5. An electric source development business zone and prearranged zone under Articles 5 and 11 of the Electric Source Development Promotion Act (excluding any electric source development business zone and any prearranged zone for installing only water-power plants or power transmission and transforming facilities; hereafter the same shall apply in this Article).

(2) An area designated and publicly announced as an agriculture promotion area under the Farmland Act within the control area shall be deemed determined and publicly announced as an agricultural and forest area under this Act, and an area designated and publicly announced as a conserved mountainous district under the Management of Mountainous Districts Act among forests within the control area shall be deemed determined and publicly announced as an agricultural and forest area or a natural environment conservation area under this Act pursuant to the classification in the relevant public announcement.

(3) Where the head of a related administrative agency designates a harbor zone, fishery-harbor zone, industrial complex, district for housing site development, electric source development business area and its prearranged area, agricultural promotion area or conserved mountainous districts, all of which fall under paragraphs (1) and (2), he/she shall indicate such designation on a topographic drawing or topographic map publicly announced pursuant to Article 32, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and notify the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of the Si/Gun having jurisdiction over relevant areas thereof.  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10764, May 30, 2011>

(4) Where a designation of a zone, complex, district, etc. falling under paragraphs (1) (hereafter in this paragraph referred to as “zone, etc.”) is revoked (excluding any revocation upon completion of a development project) and where this Act or another Act does not otherwise prescribe any special-purpose area to which the relevant zone, etc. belongs, the zone, etc. shall be deemed reinstated to the previous special-purpose area prior to its designation. In such cases, the designation authority shall publicly announce such reinstatement of the special-purpose area, as prescribed by Presidential Decree, and notify the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of the Si/Gun having jurisdiction over relevant areas thereof.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) A person who has already commenced business or work as at the time the special-purpose area is reinstated pursuant to paragraph (4) (referring to a person who has commenced business or work by obtaining the relevant permission, authorization, approval, etc., where the permission, authorization, approval, etc. are required pursuant to this Act or other Acts), may continue his/her business or work, regardless of the reinstatement of the relevant special-purpose area.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

SECTION 3 Urban or Gun Planning Facilities

Article 43 (Installation and Management of Urban or Gun Planning Facilities)(1) In order to install the infrastructure on the ground, on water, in the air, in water or underground, the type, title, location, size, etc. of such infrastructure shall be determined in advance by an urban or Gun management plan: Provided, That the same shall not apply to cases prescribed by Presidential Decree by taking account of the characteristics of a special-purpose area and infrastructure.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Matters necessary for the determination, structure and standards for installation of an urban or Gun planning facilities shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the detailed matters thereof may be prescribed by City/Do ordinance within the extent prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where there are special provisions in another Act, such Act shall govern.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Except for cases where this Act or other Acts prescribe otherwise with regard to the management of urban or Gun planning facilities installed pursuant to paragraph (1), matters concerning the management of urban or Gun planning facilities shall be prescribed by Presidential Decree, where they are managed by the State, and by municipal ordinance of the relevant local government where they are managed by the local government.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 44 (Installation of Utility Tunnels)(1) Where a person (hereafter referred to as “project implementer” in this Article) implements a development project in any of the following areas, districts, zones, etc. (hereafter referred to as “area, etc.” in this paragraph) exceeding the scale prescribed by Presidential Decree, he/she shall install a utility tunnel in the relevant area, etc.:  <Amended by Act No. 10764, May 30, 2011>

1. An urban development zone under Article 2 (1) of the Urban Development Act;

2. A district for housing site development under subparagraph 3 of Article 2 of the Housing Site Development Promotion Act;

3. A free economic zone under subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zones;

4. A rearrangement zone under subparagraph 1 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

5. Other areas prescribed by Presidential Decree.

(2) Where frequent installation and maintenance of underground facilities cause problems in maintaining road structures and securing smooth road traffic, a road management agency under Article 20 of the Road Act shall examine whether the installation of a utility tunnel is feasible. In such cases, the utility tunnel shall be installed in a phased manner, in consideration of financial conditions, installation priority, etc.

(3) Where any utility tunnel is installed, it shall be ensured that the facilities to be housed in the relevant utility tunnel, as prescribed by Presidential Decree, shall be entirely housed in the said tunnel.

(4) A plan for the installation of utility tunnels shall be included when formulating a plan for a development project under paragraph (1). In such cases, a prior consultation shall be held with a person who intends to occupy and use a utility tunnel (hereafter referred to as “person scheduled to occupy and use a utility tunnel” in this Article) in order to install facilities to be housed in the utility tunnel pursuant to paragraph (3) concerning the route, scale, etc. of installation, and then the utility tunnel council under Article 44-2 (4) shall deliberate thereon.

(5) Unless otherwise specifically provided for in this Act or other Acts, expenses incurred in installing utility tunnels (including the improvement thereof) shall be borne by a person scheduled to occupy and use a utility tunnel and a project implementer. In such cases, a person scheduled to occupy and use the utility tunnel shall bear the expenses within the extent of expenses to be incurred in individually burying relevant facilities, as prescribed by Presidential Decree.

(6) Where a person scheduled to occupy and use the utility tunnel and a project implementer bear expenses incurred in installing utility tunnels pursuant to paragraph (5), the State, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun may subsidize or finance all or part of expenses incurred therein to ensure smooth installation of utility tunnels.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) Unless otherwise specifically provided for in other Acts, standards, etc. for the installation of facilities to be housed in utility tunnels pursuant to paragraph (3) shall be determined by the Minister of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9861, Dec. 29, 2009]

Article 44-2 (Management, Operation, etc. of Utility Tunnels)(1) Utility tunnels shall be managed by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun (hereafter referred to as “utility tunnel manager” in this Article and Article 44-3): Provided, That the management and operation of the utility tunnels may be entrusted to institutions prescribed by Presidential Decree, where deemed necessary for efficient management and operation thereof.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) A utility tunnel manager shall formulate and implement a safety and maintenance plan of the relevant utility tunnel every five years, as prescribed by Presidential Decree.

(3) A utility tunnel manager shall conduct a safety inspection of the utility tunnels at least annually, as prescribed by Presidential Decree, and shall take necessary measures, such as a precise safety diagnosis, repair, reinforcement, etc. without delay, where the results of the safety inspection reveal any faults.

(4) A utility tunnel manager may organize a utility tunnel council to deliberate and consult on major matters concerning the installation and management of utility tunnels.

(5) The Minister of Land, Transport and Maritime Affairs may determine matters necessary for the management of utility tunnels.

[This Article Newly Inserted by Act No. 9861, Dec. 29, 2009]

Article 44-3 (Management Expenses, etc. of Utility Tunnels)(1) Expenses incurred in managing a utility tunnel shall be jointly borne by persons who occupy and use the utility tunnel, but the rate of apportionment thereof shall be determined by the relevant utility tunnel manager, in consideration of areas occupied and used.

(2) Where a person who fails to bear expenses incurred in installing a utility tunnel (including a person who fails to make a full payment of the amount to be borne) intends to occupy and use the utility duct, he/she shall obtain permission from the relevant utility tunnel manager.

(3) A person who occupies or uses a utility tunnel shall pay a fee for occupancy and use thereof, as determined by municipal ordinance of a Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-Governing Province, or Si/Gun that manages the utility tunnel.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Newly Inserted by Act No. 9861, Dec. 29, 2009]

Article 45 (Installation, Management, etc. of Metropolitan Facilities)(1) Installation and management of metropolitan facilities shall be governed by Article 43.

(2) The related Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of a Special Self-governing City, Governor of a Special Self-Governing Province or head of a Si/Gun may install and manage any metropolitan facilities by entering into an agreement or by setting up a council, etc.: Provided, That where no agreement is reached or no council is set up, and the relevant Si/Gun belongs to the same Do, the competent Do Governor may install and manage metropolitan facilities.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Any metropolitan facilities to be installed under the State plan may be installed and managed by any corporation established pursuant to other Acts that engages in the installation or management of the relevant metropolitan facilities for its business objective or its business items.

(4) Where a local government installs any metropolitan facilities that are likely to cause severe environmental pollution or to significantly obstruct the development of the relevant region in the jurisdiction of any other local government, it shall either implement a project for preventing environmental pollution or improving the convenience of residents of the relevant regions together with the relevant local government, or subsidize funds necessary therefor to the relevant local government, as prescribed by Presidential Decree: Provided, That where other Acts prescribe otherwise, such Acts shall govern.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 46 (Standards for Installing Urban or Gun Planning Facilities in Air and Underground, and Compensation therefor, etc.)

In installing urban or Gun planning facilities in the air, in water, on water or underground, the standards for their height or depth and the compensation, etc. for any person subject to restrictions on the exercise of his/her ownership over the land or buildings due to such installations, shall be separately prescribed by Acts.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 47 (Requests for Purchase of Sites for Urban or Gun Planning Facilities)(1) Where an urban or Gun planning facility project to install urban or Gun planning facilities is not implemented (excluding cases where an implementation plan is authorized under Article 88, or where the procedures corresponding thereto have been taken; hereinafter the same shall apply) within ten years from the date on which the determination of an urban or Gun management plan concerning the relevant urban or Gun planning facilities (hereinafter referred to as “determination of urban or Gun planning facilities”) is publicly announced, the owner of any land, the category of which is a site among land determined as sites for urban or Gun planning facilities (including buildings and fixtures on the same land; hereafter in this Article, the same shall apply) may file a request for purchase of relevant land with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun, as prescribed by Presidential Decree: Provided, That in any of the following cases, he/she may file a request for purchase of relevant land with a person falling thereunder (including the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun; hereafter in this Article, referred to as “person obligated to purchase”):  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where an operator of the relevant urban or Gun planning facility project is determined pursuant to this Act, the operator;

2. Where a person is liable to install or manage urban or Gun planning facilities under this Act or other Acts, the person liable for such duties. In such cases, where a person liable to install urban or Gun planning facilities and a person liable to manage such facilities are not the same, a request for purchase shall be filed with a person liable to install such facilities.

(2) Where a person obligated to purchase land makes a purchase of the land for which he/she has received a request for purchase pursuant to paragraph (1), he/she shall pay the price therefor in cash: Provided, That where a person obligated to purchase land is a local government in any of the following cases, he/she may pay the price thereof by issuing bonds (hereinafter referred to as “urban or Gun planning facility bonds”):  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where desired by a land owner;

2. Where a purchase price exceeds the amount prescribed by Presidential Decree, for the land of absentee owner of immovables or non-business land prescribed by Presidential Decree; the case of paying the excess.

(3) Redemption period for urban or Gun planning facility bonds shall be within ten years, and their interest rate shall be not lower than the average of the interest rates of time deposit savings of one-year maturity applied by banks that conduct their business nationwide among banks authorized under the Banking Act as at the time such bonds are issued, and the definite redemption period and interest rate shall be set by municipal ordinances of the relevant Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun.  <Amended by Act No. 10303, May 17, 2010; Act No. 10599, Apr. 14, 2011>

(4) Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the purchase price, procedures for purchase, etc. of land for which a request for purchase has been filed.

(5) Except as otherwise provided for in this Act, procedures for issuing urban or Gun planning facility bonds and other necessary matters shall be governed by the Local Finance Act.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) A person obligated to purchase land shall decide on whether to purchase land within six months from the date on which a request for purchase has been filed under paragraph (1), and notify the land owner and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun (excluding cases where a person obligated to purchase land is the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun) of his/her decision, and purchase the land determined to be purchased within two years from the date on which a decision on purchase is notified.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) An owner of land, for which a request for purchase has been filed pursuant to paragraph (1), may install buildings or structures prescribed by Presidential Decree by obtaining permission under Article 56, in any of the following cases. In such cases, Articles 58 and 64 shall not apply thereto:

1. Where it is determined not to purchase land pursuant to paragraph (6);

2. Where the relevant land is not purchased until two years elapse from the date on which a decision on purchase has been notified pursuant to paragraph (6).

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 48 (Invalidation, etc. of Determination of Urban or Gun Planning Facilities)(1) Where any urban or Gun planning facilities project concerning installation of relevant facilities is not implemented until 20 years elapse from the date on which determination of urban or Gun planning facilities has been publicly announced, determination of such urban or Gun planning facilities shall be invalidated on the date following the 20th anniversary of such public announcement.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where a determination on urban or Gun planning facilities is invalidated pursuant to paragraph (1), a Mayor/Do Governor or the Mayor of a large city shall promptly announce such fact publicly, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where it is not necessary to install urban or Gun planning facilities (excluding urban or Gun facilities determined or announced by the Minister of Land, Transport and Maritime Affairs; hereafter the same shall apply in this Article) the determination of which has been announced or where an urban or Gun planning facilities project for the installation of the relevant facilities is not executed until ten years have passed from the date of such announcement, the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall report the current status thereof and an implementation plan by phase to the relevant local council, as prescribed by Presidential Decree.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

(4) Each local council reported pursuant to paragraph (3) may recommend the Mayor of the Special Metropolitan City, the Mayor of the relevant Metropolitan City, the Mayor of the relevant Special Self-governing City, the Governor of the relevant Special Self-governing Province or the head of the relevant Si/Gun to cancel the determination of urban or Gun planning facilities, as prescribed by Presidential Decree.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

(5) Unless extenuating circumstances exist, the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun recommended to cancel the determination of urban or Gun planning facilities pursuant to paragraph (4) shall determine an urban or Gun management plan to cancel the determination of such urban or Gun planning facilities or file an application for such determination with the Do Governor, as prescribed by Presidential Decree. In such cases, unless extenuating circumstances exist, the Do Governor who has received an application shall determine an urban or Gun management plan to cancel the determination of such urban or gun planning facilities.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

SECTION 4 District-Unit Plan

Article 49 (Formulation of District-Unit Plans)(1) A district-unit plan shall be formulated in consideration of the followings:

1. The purpose of designation of a district-unit planning zone, such as urban improvement, management, preservation and development;

2. The core functions of a district-unit planning zone, such as residence, industry, distribution, tourism and recreation and complex;

3. Characteristics of the relevant specific-use areas;

4. Other matters prescribed by Presidential Decree.

(2) The Minister of Land, Transport and Maritime Affairs shall determine standards for the formulation of a district-unit plan, etc., as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10599, Apr. 14, 2011]

Article 50 (Determination of District-Unit Planning Zones and District Unit Plans)

District-unit planning zones and a district-unit plan shall be determined by an urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

Article 51 (Designation, etc. of District-Unit Planning Zones)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city may designate all or part of any of the following areas as a district-unit planning zone:  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10764, May 30, 2011; Act No. 11020, Aug. 4, 2011>

1. Special-purpose areas designated pursuant to Article 37;

2. Urban development zones designated pursuant to Article 3 of the Urban Development Act;

3. Rearrangement zones designated pursuant to Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

4. Districts for housing site development designated pursuant to Article 3 of the Housing Site Development Promotion Act;

5. Housing site creation project districts under Article 16 of the Housing Act;

6. Industrial complexes under subparagraph 8 of Article 2 of the Industrial Sites and Development Act and quasi-industrial complexes under subparagraph 12 of the same Article;

7. Tourism complexes designated pursuant to Article 52 of the Tourism Promotion Act and special tourism districts designated pursuant to Article 70 of the same Act;

8. Area, among areas freed from a development-restriction zone, urban natural park zone, urbanization-coordination zone, or park, an area converted from the green area into a residential, commercial, and industrial area, and an area newly incorporated into an urban area, requiring planned development or management;

8-2. An area for which it is required to promote the complex use of land, such as the combination of functions of residence, commercial activities, affairs, etc,. in an urban area, which meets requirements prescribed by Presidential Decree;

8-3. An area for which an intensive improvement is required to rationalize the use of land and to promote the functions thereof by efficiently developing unused land in an urban area, or relocating or repositioning a correctional institution, military installations and other facilities prescribed by Presidential Decree, which meets requirements prescribed by Presidential Decree;

9. Area requiring systematic and planned management or development of an urban area;

10. Other areas necessary to secure the wholesome environment and to improve the functions, scenery, etc., prescribed by Presidential Decree.

(2) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city shall designate any of the following areas as a district-unit planning zone: Provided, That the same shall not apply where any plan for land utilization and building construction has been formulated for the relevant area pursuant to the related Acts:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Areas for which ten years elapsed after completion of projects implemented in areas under paragraph (1) 3 and 4;

2. Areas prescribed by Presidential Decree that require a systematic and planned development or management, among those falling under each subparagraph of paragraph (1).

(3) Where it is intended to designate an area other than an urban area as a district-unit planning zone, the area shall fall under any of the following subparagraphs:  <Amended by Act No. 10599, Apr. 14, 2011>

1. An area, not less than 50/100 of the surface area of which is a planned control area designated pursuant to Article 36, satisfying requirements prescribed by Presidential Decree;

2. An area designated as a development promotion district pursuant to Article 37, which meets requirements prescribed by Presidential Decree;

3. An area for which it is intended to disuse a specific use district designated pursuant to Article 37 and to replace restrictions on acts, etc. in such specific-use district with a district-unit plan.

(4) Deleted.  <by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 52 (Details of District-Unit Plans)(1) In order to achieve the objective of designating a district-unit planning zone, at least two matters including matters referred to in subparagraphs 2 and 4 among the following shall be included in a district-unit plan: Provided, That this shall not apply to a district-unit plan, the details of which are stipulated in subparagraph 1-2:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Subdivision or alteration of a special-purpose area or special-purpose district within the scope prescribed by Presidential Decree;

1-2. Matters that disuse the existing specific-use district and replace restrictions on uses, kinds and sizes of buildings or other facilities in such specific use district;

2. Arrangement and size of infrastructure prescribed by Presidential Decree;

3. Size of a group of areas surrounded by roads, or of a group of land partitioned off for a planned development and consolidation, and a creation plan therefor;

4. Restrictions on the use of buildings, and the maximum or minimum limit on the building-to-land ratio, floor area ratio, or height of buildings;

5. Plans for the arrangement, type, color or building line of buildings;

6. Environmental control and scenery plans;

7. Traffic processing plans;

8. Other matters prescribed by Presidential Decree, necessary to rationalize land utilization, and to increase the functions, etc. of the cities, the agricultural, forest and fishery villages.

(2) Any district-unit plan shall ensure that the capacity for treating, supplying and accommodating urban or Gun planning facilities prescribed by Presidential Decree, such as roads, tap-water, sewerage system, etc., is to be in harmony with the development density, such as the total floor area of buildings within a district-unit planning zone, and the population to be accommodated, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Within a district-unit planning zone, Articles 76 through 78 of this Act, and Articles 42, 43, 44, 60 and 61 of the Building Act, and Articles 19 and 19-2 of the Parking Lot Act may be mitigated and applied within the extent prescribed by Presidential Decree, in accordance with a district-unit plan.

(4) Deleted.  <by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 53 (Invalidation, etc. of Determination of Urban or Gun Management Plans as to Designation of District-Unit Planning Zones)(1) Where any district-unit plan as to the relevant district-unit planning zone is not determined and publicly announced within three years from the date a determination of an urban or Gun management plan as to a designation of a district-unit planning zone has been publicly announced, determination of the urban management plan as to a designation of the relevant district-unit planning zone shall be invalidated on the date following the date on which the three-year period elapses: Provided, That where other Acts prescribe otherwise a determination of a district-unit plan (including cases where it is deemed determined), a designation of a district-unit planning zone shall remain valid until the district-unit plan is determined pursuant to such Acts.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where designation of a district-unit planning zone is invalidated pursuant to paragraph (1), the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city shall promptly announce such fact publicly, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 54 (Construction, etc. of Buildings within District-Unit Planning Zones)

In order to construct any building or alter the use of buildings within a district-unit planning zone, construction or alteration of uses shall be conducted in conformity with the said district-unit plan: Provided, That the same shall not apply to cases where no district-unit plan has been formulated, and where the building is constructed on a phased and time-differential basis within the scope of the district-unit plan.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 55 Deleted. <by Act No. 8250, Jan. 19, 2007>

CHAPTER V PERMISSION, ETC. FOR DEVELOPMENT ACTIVITIES

SECTION 1 Permission for Development Activities

Article 56 (Permission for Development Activities)(1) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as “development activities”) shall obtain permission from the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun (hereinafter referred to as “permission for development activities”): Provided, That the same shall not apply where he/she engages in such activities in accordance with an urban or Gun planning project:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Construction of buildings, or erection of structures;

2. Changes in the form and quality of any land (excluding changes in the form and quality of land prescribed by Presidential Decree as cases for cultivation);

3. Extraction of earth and stone;

4. Partition of land (excluding the partition of a site on which a building is located);

5. Piling up goods within the green area, control area or natural environment conservation area for at least one month.

(2) Paragraph (1) shall apply mutatis mutandis to alternation of permitted matters concerning development activities: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.

(3) Notwithstanding the provisions of paragraph (1), the Forest Resources Creation and Management Act and the Work against Land Erosion or Collapse Act shall respectively govern any forest roads construction and any erosion-control project in forests within an urban area and a planned control area, among the development activities under paragraph (1) 2 and 3, and the Management of Mountainous Districts Act shall govern development activities under paragraph (1) 2 (only applicable to changes in the form and quality of land for agriculture, forestry and fisheries) and 3 in the forests within a preservation control area, a production control area, an agricultural and forest area, and a natural environment conservation area.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Notwithstanding the provisions of paragraph (1), any of the following activities may be performed without permission for development activities: Provided, That where an emergency measure under subparagraph 1 is taken, a report thereon shall be filed with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun within one month:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Emergency measures for disaster restoration or disaster control;

2. Remodelling, expansion or rebuilding of buildings that may be reported and installed pursuant to the Building Act, and alteration of the form and quality of land within the scope required therefor (limited to sites for urban or Gun planning facilities where no urban or Gun planning facility project is implemented);

3. Other minor activities prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 57 (Procedures for Permission for Development Activities)(1) A person who intends to engage in development activities shall file an application accompanied by a written plan for installing the infrastructure following the relevant development activities, and for securing sites required therefor, prevention of danger and environmental pollution, and scenery, landscape, etc., with the permitting authority for development activities. In such cases, a written plan for installing infrastructure within a development-density control area or for securing sites required therefor shall not be filed: Provided, That a person who intends to construct a building governed by the Building Act or erect a structure among acts referred to Article 56 (1) 1 shall submit an application according to procedures provided for in the Building Act.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall render a disposition as to whether to grant permission for an application for permission for development activities under paragraph (1) within a period specified by Presidential Decree, except in extenuating circumstances.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun renders a disposition as to whether to grant permission pursuant to paragraph (2), he/she shall promptly issue a permit to the relevant applicant, or notify in writing of the grounds for not granting such permission.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun grants permission for development activities, he/she may grant permission for the said acts on the condition that the applicant take measures for installing infrastructure following the relevant development activities, and for securing sites required therefor, prevention of danger and environmental pollution, and scenery, landscape, etc., as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 58 (Standards for Granting Permission for Development Activities)(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall grant permission for development activities only when details of an application for permission for development activities satisfy the following requirements:  <Amended by Act No. 10599, Apr. 14, 2011>

1. To satisfy the scale of development activities prescribed by Presidential Decree by taking account of the uniqueness by special-purpose area;

2. Not to be contrary to details of an urban or Gun management plan;

3. Not to hamper the implementation of an urban or Gun planning project;

4. To achieve harmony with the actual utilization condition or land utilization plan of neighboring areas, and with peripheral environments and sceneries, such as the height of buildings, gradient of land, status of trees, drainage of water, and drainage of river, lake and marsh, wetland, etc.;

5. To properly establish plans for installing infrastructure following the relevant development activities, or securing sites required therefor.

(2) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to grant permission for development activities, he/she shall hear opinions of the operators of urban or Gun planning projects to be implemented within the relevant area, on whether the relevant development activities hamper the implementation of such urban or Gun planning projects.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where permission may be granted pursuant to paragraph (1), standards for such permission shall be prescribed by Presidential Decree according to the following classification, in consideration of characteristics of an area, the development conditions of an area, the current status of infrastructure, etc.:  <Amended by Act No. 10599, Apr. 14, 2011>

1. For developing urban districts: A residential area, commercial area and manufacturing area to which standards for permission for development apply according to restrictions on a specific use area on the use of land, and purposes, the building-to-land ratio, floor area ratio, height, etc. of buildings;

2. For reservation: An area prescribed by Presidential Decree among planned management areas, production management areas and green belts to which tightened or relaxed standards for permission for development may apply through deliberation by the urban planning committee under Article 59;

3. For preservation: An area prescribed by Presidential Decree among preserved management areas, agricultural and forest areas, natural environment preservation areas and green belts to which tightened standards for permission for development may apply through deliberation by the urban planning committee under Article 59.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 59 (Deliberation on Development Activities by Urban Planning Committee)(1) Where the head of a related administrative agency intends to grant permission for activities falling under Article 56 (1) 1 through 3, prescribed by Presidential Decree pursuant to this Act, or to grant authorization, permission, approval, or to consult thereon pursuant to other Acts, he/she shall submit it for deliberation by the Central Urban Planning Committee or the local urban planning committee, as prescribed by Presidential Decree.

(2) Notwithstanding the provisions of paragraph (1), the deliberation by the Central Urban Planning Committee or the local urban planning committee is not required for any of the following development activities:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Development activities performed in an area subject to deliberation by the urban planning committee pursuant to Articles 8 and 9 or pursuant to other Acts;

2. Development activities performed in an area for which a district-unit plan has been formulated;

3. Development activities that do not fall under the scope, location, etc. prescribed by municipal ordinance of the Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing province or the Si/Gun, among development activities performed in residential, commercial or industrial areas;

4. Development activities subject to an environmental impact assessment under the Environmental Impact Assessment Act;

5. Development activities subject to examination on traffic impact analysis and improvement measures under the Urban Traffic Improvement Promotion Act;

6. Development activities for projects prescribed by Presidential Decree, among projects to rearrange the agricultural and fishing villages under subparagraph 4 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;

7. Development activities for forestry projects under the Creation and Management of Forest Resources Act and for erosion control projects under the Work against Land Erosion or Collapse Act.

(3) Where development activities falling under paragraph (2) 4 and 5 have not been included in an urban or Gun plan, the Minister of Land, Transport and Maritime Affairs or the head of a local government may, notwithstanding the provisions of paragraph (2), request the head of a related administrative agency to put the said activities under deliberation by the Central Urban Planning Committee or the local urban planning committee, as prescribed by Presidential Decree. In such cases, the head of the related administrative agency shall comply therewith, except in extenuating circumstances.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 60 (Performance Guarantee, etc. for Permission for Development Activities)(1) Where deemed necessary for installing infrastructure or securing sites required therefor, the prevention of danger or environmental pollution, the sceneries, landscape, etc. and where prescribed by Presidential Decree, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may require any person who obtains permission for development activities to deposit a performance guarantee in order to guarantee the performance thereof: Provided, That the same shall not apply to any of the following cases:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Development activities performed by the State or local governments;

2. Development activities performed by institutions prescribed by Presidential Decree, among public institutions under the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”);

3. Other development activities performed by public organizations prescribed by municipal ordinance of the relevant local government.

(2) Matters necessary for methods, etc. for computing and depositing a performance guarantee under paragraph (1) shall be prescribed by Presidential Decree.

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may order a person who performs development activities without obtaining permission therefor, or performs development activities differently from terms and conditions of permission to reinstate land.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where a person in receipt of an order for reinstatement of land under paragraph (3) fails to do so, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may reinstate the land pursuant to vicarious administrative execution under the Administrative Vicarious Execution Act. In such cases, performance guarantee deposited by a person who has obtained permission for development activities pursuant to paragraph (1) may be used for expenses incurred in relation to the vicarious administrative execution.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 61 (Legal Fiction of Related Authorization, Permission, etc.)(1) In permitting development activities, matters on which the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has consulted in advance pursuant to paragraph (3) with the heads of the related administrative agencies, concerning the following authorization, permit, approval, license, consultation, revocation, report, examination, etc. with respect to the relevant development act (hereinafter referred to as “authorization, permission, etc.”) shall be deemed that the relevant authorization, permission, etc. have been obtained:  <Amended by Act No. 9552, Mar. 25, 2009; Act No. 9758, Jun. 9, 2009; Act No. 9774, Jun. 9, 2009; Act No 9982, Jan. 27, 2010; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011>

1. Permission for occupying and use of public waters under Article 8 of the Public Waters Management and Reclamation Act, and approval for or reporting on an implementation plan to occupy and use under Article 17 of the same Act, and a license for reclaiming public waters under Article 28 of the same Act, and approval for an implementation plan for reclamation of public waters under Article 38 of the same Act;

2. Deleted;  <by Act No. 10272, Apr. 15, 2010>

3. Authorization for a mining plan under Article 42 of the Mining Industry Act;

4. Approval for the use of agricultural infrastructure other than its original purpose under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

5. Permission for or consultation on a diversion of farmland under Article 34 of the Farmland Act, reporting on a diversion of farmland under Article 35 of the same Act, and permission for or consultation on a temporary use of farmland for other purposes under Article 36 of the same Act;

6. Permission to implement road work under Article 34 of the Road Act, and permission to occupy and use roads under Article 38 of the same Act;

7. Permission to rebury neglected graves under Article 27 (1) of the Act on Funeral Services, etc.;

8. Permission to open private roads under Article 4 of the Private Road Act;

9. Permission to make changes, etc. in the form and quality of land under Article 14 of the Work against Land Erosion or Collapse Act, and revocation of designation of erosion control land under Article 20 of the same Act;

9-2. Approval for the establishment of a factory, etc. under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

10. Permission for or reporting on the diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for or reporting on the temporary use of mountainous districts under Article 15-2 of the same Act, permission for gathering earth and stones under Article 25 (1) of the same Act, reporting on gathering earth and sand under Article 25 (2) of the same Act, and permission for or reporting on cutting of standing timbers, etc. under Article 36 (1) and (4) of the Forest Resources Creation and Management Act;

11. Permission to execute small river work under Article 10 of the Small River Maintenance Act, and permission for occupation of small river under Article 14 of the same Act;

12. Authorization for installing private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act and the private-use industrial waterworks under Article 54 of the same Act;

13. Approval for a plan on the implementation of coast upgrade projects under Article 25 of the Coast Management Act;

14. Approval for a project plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

15. Permission for, reporting or consultation on a diversion of grassland under Article 23 of the Grassland Act;

16. Examination on the publication of maps, etc. under Article 15 (3) of the Act on Land Survey, Waterway Survey and Cadastral Records;

17. Permission to perform construction work for the public sewerage system under Article 16 of the Sewerage Act and permission to occupy and use public sewerage under Article 24 of the same Act;

18. Permission for implementation of river work under Article 30 of the River Act, and permission for occupation of river under Article 33 of the same Act.

(2) A person who intends to attain deemed authorization, permission, etc. under paragraph (1) shall submit related documents prescribed by the relevant Act when filing an application for permission for development activities.

(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun grants permission for development activities that include matters falling under any subparagraph of paragraph (1), he/she shall consult thereon with the heads of related administrative agencies in advance.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) The head of the relevant administrative agency requested to hold a consultation pursuant to paragraph (3) shall advance his/her opinion within 20 days on which he/she is so requested, and if he/she fails to advance his/her opinion within that period, a consultation shall be deemed held.  <Newly Inserted by Act No. 11292, Feb. 1, 2012>

(5) The Minister of Land, Transport and Maritime Affairs shall require the relevant central administrative agencies to submit standards for processing authorization, permission, etc. deemed pursuant to paragraph (1), and integrate them and notify the public thereof.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 61-2 (Overall Council of Complex Civil Petitions for Development Activities)(1) In order to consult with the heads of the relevant administrative agencies pursuant to Article 61 (3), the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall hold an overall council of complex civil petitions for development activities, as prescribed by Presidential Decree.

(2) The heads of the relevant administrative agencies requested to hold a consultation pursuant to Article 61 (3) shall require public officials belonging to such agencies to attend an overall council of complex civil petitions for development activities under paragraph (1).

[This Article Newly Inserted by Act No. 11292, Feb. 1, 2012]

Article 62 (Completion Inspections)(1) A person who has obtained permission for development activities stipulated under Article 56 (1) 1 through 3 shall undergo a completion inspection by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs when he/she has completed such development activities: Provided, That the same shall not apply where approval for use of buildings under Article 22 of the Building Act has been granted for activities under Article 56 (1) 1.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) In undergoing a completion inspection under paragraph (1), matters on which Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has consulted with the head of a related administrative agency under paragraph (4) with regard to the completion inspection, authorization for completion, etc. following the authorization, permission, etc. deemed pursuant to Article 61 shall be deemed to have undergone the completion inspection and obtained authorization for completion, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) A person who intends to attain deemed completion inspection and authorization for completion, etc. pursuant to paragraph (2) shall submit related documents prescribed by the relevant Act when filing an application for completion inspection under paragraph (1).

(4) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun conducts a completion inspection under paragraph (1) that includes any matter falling under a completion inspection or authorization for completion, etc. following the authorization, permission, etc. deemed pursuant to Article 61, he/she shall consult thereon with the heads of related administrative agencies, in advance.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) The Minister of Land, Transport and Maritime Affairs shall require the relevant central administrative agencies to submit standards for processing completion inspections or authorization for completion, etc. deemed pursuant to paragraph (2), and integrate them and notify the public thereof.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 63 (Restrictions on Permission for Development Activities)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun may restrict permission for development activities within any of the followings areas deemed specifically necessary for an urban or Gun management plan for a period of up to three years only once after undergoing deliberation thereon by the Central Urban Planning Committee or the local urban planning committee, as prescribed by Presidential Decree: Provided, That such restrictions on permission for development activities within the area falling under subparagraphs 3 through 5 may be extended for a period of up to two years only once:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Green areas or planned control areas wherein trees collectively grow, or birds, beasts, etc. inhabit in groups, or areas requiring conservation as excellent farmland, etc.;

2. Areas where development activities could seriously pollute or damage the surrounding environment, scenery, fine view, cultural heritage assets, etc.;

3. Areas for which an urban or Gun master plan or an urban or Gun management plan is formulated, and where the relevant urban or Gun master plan or an urban or Gun management plan is determined, any alteration is to be anticipated in the special-purpose area, special-purpose district and special-use zone, and thereby it is anticipated that standards for permission for development activities are to be greatly altered;

4. Areas designated as district-unit planning zones;

5. Areas designated as infrastructure-levy areas.

(2) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun intends to restrict permission for development activities pursuant to paragraph (1), he/she shall, in advance, publicly announce restricted areas, grounds for restrictions, activities subject to restrictions, and period of restrictions, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 64 (Development Activities on Urban or Gun Planning Facility Sites)(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall not grant permission to construct buildings or to install structures that are not relevant urban or Gun planning facilities, on the ground, on water, in the air, in water or underground that have been determined as places to install urban or Gun planning facilities: Provided, That the same shall not apply to cases prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Notwithstanding the provisions of paragraph (1), the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may grant permission for the following development activities to be performed within the sites of urban or Gun planning facilities for which any phased-implementation plans are not formulated pursuant to Article 85, or which have been excluded from the first-phase implementation plan (referring to an original phased implementation plan, where phased-implementation plans have been altered) in the phased implementation plans, among urban or Gun planning facilities for which no project as to an installation of relevant facilities has been implemented by not later than an elapse of two years from the date on which a determination of urban or Gun planning facilities is publicly announced:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Construction of temporary buildings, and alteration of land form and quality within the scope required therefor;

2. Installation of structures that do not hamper an installation of urban or Gun planning facilities, and alteration of the form and quality of land within the scope required therefor;

3. Remodeling or reconstruction of buildings, and alteration of land form and quality within the scope required therefor (excluding cases falling under Article 56 (4) 2).

(3) Where any project for urban or Gun planning facilities is to be implemented within land for which permission has been granted to construct temporary buildings or to install structures under paragraph (2) 1 or 2, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall order measures required for reinstatement, such as removal of relevant temporary buildings or structures, at the expense of the owner of temporary buildings or structures by not later than three months prior to the scheduled date for such implementation: Provided, That the same shall not apply where reinstatement is deemed unnecessary.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where any person in receipt of an order to perform reinstatement under paragraph (3) fails to do so, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may perform reinstatement through vicarious administrative execution under the Administrative Vicarious Execution Act.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 65 (Reversion of Public Facilities, etc. Following Development Activities)(1) Where an administrative agency has obtained permission for development activities, and newly installs a public facility or installs a public facility substituting for an existing public facility, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act, the newly installed public facility shall revert free of charge to the management agency that shall manage the said facility, and the existing public facility shall revert free of charge to a person who has obtained permission for development activities.

(2) Where a person who has obtained permission for development activities is not an administrative agency, a public facility newly installed by the said person shall revert free of charge to a management agency that shall manage the said facility, and the public facility, the use of which is discontinued due to the development activities, may be transferred free of charge to a person who has obtained permission for development activities within the scope equivalent to the installation cost of the newly installed public facility, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act.

(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to grant permission for development acts that include matters concerning the reversion of public facilities under paragraphs (1) and (2), he/she shall hear in advance the opinions of the management agency of relevant public facilities: Provided, That where a management agency has not been designated, he/she shall hear the opinions of a management agency designated before the work completion, and where it is not clear as to who the management agency is, the Minister of Land, Transport and Maritime Affairs shall be deemed the management agency for the roads, rivers, etc., and the Minister of Strategy and Finance shall be deemed the management agency for assets, other than the said assets.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has granted permission for development activities after hearing opinions of a management agency under paragraph (3), any person who has obtained permission for development activities may perform his/her development activities as he/she is deemed to have obtained the approval, permit, etc. under the relevant Acts with regard to the occupancy and use of the public facilities that have been included in such permission. In such cases, the occupancy or use fees of relevant public facilities shall be deemed to have been exempted.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Where an administrative agency has obtained permission for development activities, and has finished undergoing the completion inspection upon the completion of his/her development act, he/she shall notify the management agency for relevant facilities of the types of public facilities and the categories of land. In such cases, the public facilities shall be deemed reverted to a management agency to manage the relevant facilities, and a person who has obtained permission for development activities.

(6) Where a person who has obtained permission for development activities is not an administrative agency, the said person shall notify, prior to a completion of development activities, a management agency for relevant facilities of the types of the public facilities either to be reverted to a management agency or to be transferred to himself/herself under paragraph (2) and the categories of the relevant land, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun who has performed a completion inspection shall notify a management agency for relevant facilities of the details thereof. In such cases, public facilities shall be deemed reverted to the management agency to manage the relevant facilities, or transferred to a person who has obtained permission for development activities, respectively, upon undergoing an inspection of completion.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) In registering public facilities under paragraph (1) through (3), (5) or (6), a document attesting the cause for registration under the Registration of Real Estate Act shall be substituted by a document attesting that a completion inspection has been completed under Article 62 (1).  <Amended by Act No. 10580, Apr. 12, 2011>

(8) Where an administrative agency has obtained permission for development activities, it shall not spend any profits accruing from disposition of public facilities reverted to himself/herself pursuant to paragraph (1) for any purpose, other than urban or Gun planning projects.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

SECTION 2 Establishment of Infrastructure Following Development Activities

Article 66 (Development-Density Control Areas)(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may designate an area facing with a difficulty in installing any infrastructure as a development-density control area, among areas anticipated to lack capacities for processing, providing or admitting the infrastructure (including urban or Gun planning facilities) due to development activities in the residential, commercial or industrial area.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall apply the stricter building-to-land ratio or floor area ratio under Article 77 or 78 to the extent prescribed by Presidential Decree within a development-density control area.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to designate or alter a development-density control area under paragraph (1), he/she shall submit it for deliberation thereon by the local urban planning committee established in the relevant local government including the following matters:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Name of a development-density control area;

2. Scope of a development-density control area;

3. Scope of building-to-land ratio or floor area ratio subject to stricter regulations under Article 77 or 78.

(4) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has designated or altered a development-density control area pursuant to paragraph (1), he/she shall publicly announce it, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Matters necessary for standards for designation of a development-density control area and for management, etc. of a development-density control area shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 67 (Designation as Infrastructure-levy Areas)(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall designate any of the following areas as infrastructure-levy areas: Provided, That where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun acknowledges it necessary to systematically control the relevant areas due to excessive development, such areas may be designated as infrastructure-levy areas, even if they do not fall under any of the following subparagraphs:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Areas where restrictions on development are relaxed or released due to the enactment and amendment of this Act or other Acts and subordinate statutes;

2. Areas where restrictions on development are relaxed because special-purpose districts, etc. designated pursuant to this Act and other Acts and subordinate statutes have been changed or released;

3. Areas prescribed by Presidential Decree, in consideration of the present condition of permission for development activities, population growth rate, etc.

(2) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to designate or change an infrastructure-levy area, he/she shall hear the opinions of the residents, and shall officially announce it, as prescribed by Presidential Decree, following deliberation thereon by the local urban planning committee established in the relevant local government.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Deleted.  <by Act No. 10599, Apr. 14, 2011>

(4) Where an infrastructure-levy area has been designated pursuant to paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall establish infrastructure building plans, as prescribed by Presidential Decree, and reflect them in the relevant urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Matters necessary for standards for designation, etc. for an infrastructure-levy area shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 68 (Imposition and Standard of Calculation of Infrastructure-Building Fees)(1) Construction subject to imposition of infrastructure-building fees in an infrastructure-levy area shall be new construction and enlargement of buildings exceeding 200 square meters (including the total floor area of an existing building) as facilities stipulated under subparagraph 20 of Article 2: Provided, That in cases of new construction after removal of existing buildings, only construction exceeding the total floor area of the existing building shall be subject to imposition.

(2) Infrastructure-building fees shall be calculated by multiplying the sum of standard expenses incurred in building infrastructure and expenses for a site thereof by the ratio a private developer bears less the amount the State and local governments bear from the total expenses incurred for the total floor area of buildings subject to imposition under paragraph (1) and for construction of infrastructure: Provided, That where the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has established infrastructure-levy plans, as prescribed by Presidential Decree, taking the required quantities, etc. of infrastructure in the relevant area into consideration, such plans shall apply thereto.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Standard construction expenses incurred in relation to infrastructure under paragraph (2) are construction expenses per unit used to build infrastructure and shall be officially announced by the Minister of Land, Transport and Maritime Affairs as prescribed by Presidential Decree, in consideration of the growth rate of producer price, etc. of the relevant year.

(4) Expenses for a site shall be the value calculated by multiplying the number specified under the following subparagraphs by the price of land where construction subject to imposition is implemented:

1. The conversion coefficient of a site prescribed by municipal ordinance of a local government by up to 0.4, taking the degree of infrastructure construction by area into consideration;

2. The average of officially assessed individual land price and the cause coefficient of infrastructure by building prescribed by Presidential Decree in an infrastructure-levy area.

(5) A ratio borne by private developers under paragraph (2) shall be 20/100, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may increase or decrease the ratio by up to 25/100, in consideration of the scale of buildings, characteristics of such area, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) Where a person obligated to pay under Article 69 (1) falls under any of the following cases, the infrastructure-building fees under this Act shall be reduced or exempted:

1. Where he/she builds any infrastructure stipulated under subparagraph 19 of Article 2 or secures a site necessary therefor;

2. Where he/she pays expenses prescribed by Presidential Decree, such as the amount, etc. borne by causers under Article 76 of the Road Act.

(7) Standards and procedures for reduction and exemption under paragraph (6) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 69 (Payment of, and Disposition on, Default of Infrastructure-Building Fees)(1) A person who performs construction work (including persons prescribed by Presidential Decree, such as a trustor of construction or successor to such position, etc.; hereinafter referred to as “person obligated to pay”) under Article 68 (1) shall pay infrastructure-building fees.

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall impose infrastructure-building fees on a person obligated to pay within two months from the date he/she obtains a building permit (approval for such business where a deemed building permit is attained, such as approval for business, etc. under other Acts), and a person obligated to pay shall pay the fees until he/she files an application for approval for use (a completion inspection where deemed approval for use is attained, such as a completion inspection, etc. under other Acts).  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where a person obligated to pay fails to pay infrastructure-building fees by the time specified under paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may collect it in the same manner as delinquent local taxes are collected.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where grounds arise for refund of infrastructure-building fees such as additional construction of infrastructure, etc. related to the relevant construction after an application for approval for use is filed by a person who has paid infrastructure-building fees, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall refund the infrastructure-building fees equivalent to such grounds.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Other matters necessary for imposition procedures, methods of payment and collection, grounds for refunding, etc. the infrastructure-building fees may be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 70 (Management, Use, etc. of Infrastructure-Building Fees)(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall establish special accounts by infrastructure-levy areas for the management and operation of infrastructure-building fees, and necessary matters shall be prescribed by municipal ordinance of a local government.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Infrastructure-building fees paid pursuant to Article 69 (2) shall be used to build infrastructure under subparagraph 19 of Article 2 or for securing a site necessary for the said construction in the relevant infrastructure levy area: Provided, That in cases prescribed by Presidential Decree where it is difficult to use them in the relevant infrastructure-levy area, they may be used to build infrastructure or secure a site for such infrastructure, etc. connected with infrastructure in the relevant infrastructure-levy area.

(3) Matters necessary for the management, operation, etc. of infrastructure-building fees shall be determined by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 71 Deleted. <By Act No. 7848, Jan 11, 2006>

Article 72 Deleted. <By Act No. 7848, Jan 11, 2006>

Article 73 Deleted. <By Act No. 7848, Jan 11, 2006>

Article 74 Deleted. <By Act No. 7848, Jan 11, 2006>

Article 75 Deleted. <By Act No. 7848, Jan 11, 2006>

CHAPTER VI RESTRICTIONS ON ACTS IN SPECIAL-PURPOSE AREAS, SPECIAL-PURPOSE DISTRICTS AND SPECIAL-PURPOSE ZONES

Article 76 (Restrictions, etc. on Construction of Buildings in Special-Purpose Areas and Special-Purpose Districts)(1) Matters concerning restrictions on the use, type, size, etc. of buildings and other facilities within a special-purpose area designated pursuant to Article 36 shall be prescribed by Presidential Decree.

(2) Matters concerning restrictions on the use, type, size, etc. of buildings and other facilities within a special-purpose district designated pursuant to Article 37 may be prescribed by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun pursuant to standards prescribed by Presidential Decree, except as otherwise provided for in this Act or other Acts.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Restrictions on the use, type, size, etc. of buildings and other facilities under paragraphs (1) and (2) shall coincide with the objective of designating the relevant special-purpose area and the relevant special-purpose district.

(4) Where the use, type, size, etc. of buildings and other facilities are altered, the use, type, size, etc. of such buildings and other facilities after such alteration shall comply with paragraphs (1) and (2).

(5) Restrictions on the use, type, size, etc. of buildings and other facilities in any of the following cases shall be governed by the following provisions, notwithstanding the provisions of paragraphs (1) through (4):  <Amended by Act No. 9627, Apr. 22, 2009; Act No. 11020, Aug. 4, 2011>

1. Within the settlement district provided for in Article 37 (1) 8, they shall be separately prescribed by Presidential Decree within the scope of the objective of designating such settlement district;

2. Within the agricultural and industrial complex provided for in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act, they shall be governed by the same Act;

3. In cases of agriculture promotion areas, conserved mountainous districts or grassland among agricultural and forest areas, they shall be governed by the Farmland Act, the Management of Mountainous Districts Act or the Grassland Act, respectively;

4. In cases of park areas under the Natural Parks Act, the water source protection areas under the Water Supply and Waterworks Installation Act, designated cultural heritage assets or natural monuments and designated areas for their protection under the Cultural Heritage Protection Act, and marine protection zones under the Conservation and Management of Marine Ecosystems Act, among the natural environment conservation areas, they shall be governed by the Natural Parks Act, the Water Supply and Waterworks Installation Act, the Cultural Heritage Protection Act, or the Conservation and Management of Marine Ecosystems Act, respectively;

5. In cases of fishery-resource protection zones among natural environment conservation areas, they shall be governed by the Fishery Resources Management Act.

(6) Where the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Environment, or the Chief of the Korea Forest Service deems it necessary for preserving the farmland, natural environment, marine environment, or forests with respect to a preservation control area or a production control area, he/she may place restrictions on the use, type, size, etc. of the buildings and other facilities pursuant to the Farmland Act, the Natural Environment Conservation Act, the Wildlife Protection and Management Act, the Conservation and Management of Marine Ecosystems Act, or the Creation and Management of Forest Resources Act. In such cases, the said restrictions shall keep balance with the purport of restrictions placed under this Act.  <Amended by Act No. 10977, Jul. 28, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 77 (Building-to-Land Ratios within Special-Purpose Areas)(1) The maximum limit on the building-to-land ratio within a specific-use area designated pursuant to Article 36 shall be set by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun within the following extent pursuant to standards prescribed by Presidential Decree, by taking account of the size and population of the competent area, uniqueness of a special-purpose area, and other relevant matters:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Urban areas:

(a) Residential areas: Not more than 70 percent;

(b) Commercial areas: Not more than 90 percent;

(c) Industrial areas: Not more than 70 percent;

(d) Green areas: Not more than 20 percent;

2. Control areas:

(a) Conservation and control areas: Not more than 20 percent;

(b) Production control areas: Not more than 20 percent;

(c) Planned control areas: Not more than 40 percent;

3. Agricultural and forest areas: Not more than 20 percent;

4. Natural environment conservation areas: Not more than 20 percent.

(2) Standards for building-to-land ratios within special-purpose areas subdivided pursuant to Article 36 (2) shall be separately prescribed by Presidential Decree within the scope specified in each subparagraph of paragraph (1).

(3) Standards for building-to-land ratios within any of the following areas shall be separately set by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun within the scope of not more than 80 percent pursuant to standards prescribed by Presidential Decree, notwithstanding the provisions of paragraphs (1) and (2):  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11020, Aug. 4, 2011>

1. Settlement districts provided for in Article 37 (1) 8;

2. Development promotion districts provided for in Article 37 (1) 9 (limited to an area other than urban areas);

3. Fishery-resources protection zones provided for in Article 40;

4. Natural parks provided for in the Natural Parks Act;

5. Agricultural and industrial complexes provided for in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act;

6. National industrial complexes, general industrial complexes, and urban high-tech industrial complexes provided for in subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act and quasi-industrial complexes under subparagraph 12 of the same Act, located in the industrial area.

(4) In any of the following cases prescribed by Presidential Decree, notwithstanding the provisions of paragraph (1), the building-to-land ratio may be separately set by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun pursuant to standards prescribed by Presidential Decree:  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11058, Sep. 16, 2011>

1. Where the building-to-land ratio needs to be increased in order to prevent overpopulated land utilization;

2. Where the building-to-land ratio needs to be mitigated in order to elevate the level of land utilization by taking account of peripheral conditions;

3. Where it is intended to construct buildings for agriculture, forestry and fisheries in the green belt, preserved management area, production management area, rural area or natural environment conservation area;

4. Where it is intended to construct a building for the promotion of living convenience of residents in a preserved management area, production management area, rural area or natural environment conservation area.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 78 (Floor Area Ratios within Special-Purpose Areas)(1) The maximum limit on the floor area ratio within a special-purpose area designated pursuant to Article 36 shall be prescribed by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun within the following extent pursuant to standards prescribed by Presidential Decree, by taking into account the size and population of the competent area, uniqueness of a special-purpose area, and other relevant matters:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Urban areas:

(a) Residential areas: Not more than 500 percent;

(b) Commercial areas: Not more than 1,500 percent;

(c) Industrial areas: Not more than 400 percent;

(d) Green areas: Not more than 100 percent;

2. Control areas:

(a) Conservation and control areas: Not more than 80 percent;

(b) Production control areas: Not more than 80 percent;

(c) Planned control areas: Not more than 100 percent;

3. Agricultural and forest areas: Not more than 80 percent;

4. Natural environment conservation areas: Not more than 80 percent.

(2) Standards for the floor area ratios within special-purpose areas subdivided pursuant to Article 36 (2) shall be separately prescribed by Presidential Decree within the scope specified in each subparagraph of paragraph (1).

(3) Standards for the floor area ratios within areas falling under Article 77 (3) 2 through 5 shall be separately set by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun pursuant to standards prescribed by Presidential Decree within the scope of 200 percent, notwithstanding the provisions of paragraphs (1) and (2).  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where any open space exists, such as a park, square, road, river, etc. around the buildings, or the park, square, road, river, etc. is constructed around the buildings, the floor area ratio may be separately set by municipal ordinance of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun, as prescribed by Presidential Decree, notwithstanding the provisions of paragraph (1).  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Notwithstanding the provisions of paragraphs (1) and (4), buildings or establishments, including warehouses, etc., the purposes of which are prescribed by Presidential Decree, in urban areas (limited to green areas) or control areas provided for in Article 36 may be restricted in their scales, etc., including the heights set by municipal ordinances of the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province and a Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 79 (Restrictions, etc. on Acts in Areas where Special-Purpose Area is not Designated or Subdivided as yet)(1) The provisions governing the natural environment conservation area shall apply mutatis mutandis to the area, the use of which has not been designated as the urban area, control area, agricultural and forest area or natural environment conservation area in the application of Articles 76 through 78.

(2) Where any urban area or control area under Article 36 has not been designated as a subdivided special-purpose area under each subparagraph and each item of paragraph (1) of the same Article, in the application of Articles 76 through 78, the provisions governing areas prescribed by Presidential Decree among green areas shall apply where the relevant special-purpose area is an urban area; and the provisions governing the preservation control area shall apply to a control area.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 80 (Restrictions, etc. on Activities within Development-Restriction Zones)

Necessary matters concerning restrictions on activities within development-restriction zones and other matters necessary for management of the development-restriction zone shall be separately prescribed by the Acts.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 80-2 (Restrictions, etc. on Activities within Urban Natural Park Zones)

Necessary matters concerning management of an urban natural park zone, such as restrictions, etc. on activities within urban natural park zones shall be separately prescribed by the Acts.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 81 (Restrictions, etc. on Activities within Urbanization-Coordination Zones)(1) Only urban or Gun planning projects prescribed by Presidential Decree may be implemented within an urbanization-coordination zone designated pursuant to Article 39.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Except for urban or Gun planning projects under paragraph (1), only the following activities may be performed within urbanization-coordination zones by obtaining permission from the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun, notwithstanding the provisions of Articles 56 and 76:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Constructing buildings and other facilities, the type and size of which are prescribed by Presidential Decree, among buildings for the agricultural, forest or fishing business;

2. Installing joint community facilities, public-interest facilities, or public facilities, or running mining and industrial business, etc., prescribed by Presidential Decree as necessary for residents’ livelihoods;

3. Deforestation of trees, afforestation, silviculture, gathering earth and rocks, and other minor activities prescribed by Presidential Decree.

(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun intends to grant permission under paragraph (2), he/she shall consult in advance with any of the following persons:  <Amended by Act No. 10599, Apr. 14, 2011>

1. A person having authority for permit under each subparagraph of subparagraph (5);

2. The manager of public facilities related to activities subject to such permission;

3. A person entitled to manage public facilities to be installed by such activities.

(4) Article 60 (3) and (4) shall apply mutatis mutandis to any person engaging in activities, such as construction of buildings, an alteration of land form and quality, etc. within an urbanization-coordination zone without obtaining permission under paragraph (2).

(5) Where any permission is granted under paragraph (2), the following permission or reports shall be deemed granted or filed:  <Amended by Act No. 10331, May 31, 2010>

1. Permission for or reports on diversion of mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for or reports on the temporary use of mountainous districts under Article 15-2 of the same Act;

2. Permission for or reports on cutting trees, etc. under Article 36 (1) and (4) of the Forest Resources Creation and Management Act.

(6) Matters necessary for standards for permissions and for application procedures, etc. under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 82 (Special Cases on Existing Buildings)

Where an existing building fails to comply with this Act by the enactment or amendment of Acts and subordinate statutes or other reasons prescribed by Presidential Decree, such building may be extended, remodeled, reconstructed or the purpose of such building may be changed within limits prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 10599, Apr. 14, 2011]

Article 83 (Exclusion from Application of other Acts in Urban Areas)

The provisions of the following Acts shall not apply to urban areas:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Article 49 of the Road Act;

2. Article 8 of the Motorway Act;

3. A qualification certificate for acquisition of farmland under Article 8 of the Farmland Act: Provided, That the same shall not apply to farmlands within green areas that are not necessary for an urban or Gun planning facility project.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 84 (Standards for Application to Lot Stretched over Two or More Specific Use Areas, Specific Use Districts or Specific Use Zones)(1) Where one lot is stretched over two or more specific use areas, specific use districts or specific use zones (hereafter referred to as “specific use area, etc.” in this paragraphs) and the size of the least part of parts stretched over each specific use area, etc. is less than the size prescribed by Presidential Decree, the weighted average value of the building-to-land ratio and floor area ratio for each specific use area, etc. shall apply to the building-to-land ratio and floor area ratio of the total lot according to the following classification in consideration of the percentage each part accounts for among the total lot area, and the provision on a specific use area, etc. to which the largest area belongs among such lot shall apply to other matters concerning restrictions on building: Provided, That where a building is stretched over an aesthetic district or height control district, the provisions on buildings and sites in the aesthetic district or height control district shall apply to the whole of such building and lot:  <Amended by Act No. 11292, Feb. 1, 2012>

1. The weighted average building-to-land ratio = (f1x1 + f2x2 + … + fnxn)/ the total lot area. In such cases, ‘f1′ through ‘fn’ means the area of land belonging to each specific use area, etc., ‘x1′ through ‘xn’ means the building-to-land ratio of each specific use area, etc. to which the relevant land belongs, and ‘n’ means the total number of each land stretched over a specific use area, etc.;

2. The weighted average floor area ratio: = (f1x1 + f2x2 + … + fnxn)/ the total lot area. In such cases, ‘f1′ through ‘fn’ means the area of land belonging to each specific use area, etc., ‘x1′ through ‘xn’ means the floor area ratio of each specific use area, etc. to which the relevant land belongs, and ‘n’ means the total number of each land stretched over a specific use area, etc.

(2) Where one building extends over a fire-prevention district and other special-purpose areas, special-purpose districts or special-purpose zones, the provisions concerning the building within the fire-prevention district shall apply to the whole of the said building, notwithstanding the provisions of paragraph (1): Provided, That where the boundaries between the fire prevention districts wherein the said building is located, and other special-purpose areas, special-purpose districts or special-purpose zones are marked off by fireproof walls under Article 50 (2) of the Building Act, the same shall not apply to any portion located in the other special-purpose areas, special-purpose districts or special-purpose zones.

(3) Where one site extends over a green area and other special-purpose areas, special-purpose districts or special-purpose zones, the provisions concerning the buildings and land within each special-purpose area, special-purpose district or special-purpose zone shall apply, notwithstanding the provisions of paragraph (1): Provided, That where any building within a green area extends over a scenic district, height district or fire-prevention district, the proviso to paragraph (1) or paragraph (2) shall govern.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER VII IMPLEMENTATION OF URBAN PLANNING FACILITY PROJECTS

Article 85 (Formulation of Phased Implementation Plans)(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall formulate a phased-implementation plan containing a financing plan, compensation plan, etc. for urban or Gun planning facilities, within two years from the date a determination of urban or Gun planning facilities has been publicly announced, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) In cases of an urban or Gun management plan that has been directly drafted by the Minister of Land, Transport and Maritime Affairs or the Do Governor, he/she may formulate a phased-implementation plan, and forward it to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) A phased-implementation plan shall be divided into first-phase implementation plan and second-phase implementation plan, but an urban or Gun planning facility project to be implemented within three years shall be included in the first-phase implementation plan, and the urban or Gun planning facility project to be implemented after three years shall be included in the second-phase implementation plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun has formulated or received a phased implementation plan under paragraph (1) or (2), he/she shall promptly announce it publicly, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Paragraphs (1) through (4) shall apply mutatis mutandis where a phased-implementation plan that has been publicly announced is altered: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are altered.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 86 (Implementers of Urban Planning Facility Projects)(1) Except as otherwise provided for in this Act or other Acts, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall implement an urban or Gun planning facility project in his/her jurisdiction.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where any urban or Gun planning facility project is to be implemented across two or more jurisdictions of the Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns, the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head a of Si/Gun shall determine its implementer by mutual consultations.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where consultations referred to in paragraph (2) fail to reach agreement, if any zone intended to implement an urban or Gun planning facility project falls with the jurisdiction of the same Do, the competent Do Governor shall determine an implementer, and if the said zone extends over the jurisdictions of two or more Cities/Dos, the Minister of Land, Transport and Maritime Affairs shall do so.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Notwithstanding the provisions of paragraphs (1) through (3), the Minister of Land, Transport and Maritime Affairs may directly implement an urban or Gun planning facility project when it is related to the State plan or deemed especially necessary, by hearing the opinions of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or head of a Si/Gun; and the Do Governor may directly implement an urban or Gun planning facility project when it is related to a metropolitan plan or deemed especially necessary, by hearing the opinions of the head of the relevant Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Any person, other than those entitled to become implementers pursuant to paragraphs (1) through (4), may implement an urban or Gun planning facility project after having been designated as an implementer by the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of the relevant Si/Gun, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun has designated an implementer of an urban or Gun planning facility project pursuant to paragraph (2), (3) or (5), he/she shall publicly announce the details of such designation, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) Where a person, other than those stipulated under the following, intends to be designated as an implementer of an urban or Gun planning project pursuant to paragraph (5), he/she shall meet requirements prescribed by Presidential Decree concerning an area possessed of the land subject to the urban planning facility project (excluding any State or public land) and ratio agreed by landowners:  <Amended by Act No. 10599, Apr. 14, 2011>

1. The State or a local government;

2. Public institutions prescribed by Presidential Decree;

3. Other persons prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 87 (Divided Implementation of Urban or Gun Planning Facility Projects)

Where an implementer of an urban or Gun planning facility project deems it necessary for efficient promotion of an urban or Gun planning facility project, he/she may implement an urban or Gun planning facility project by dividing the area subject to an implementation of the project into two or more areas.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 88 (Preparation of Implementation Plans and Authorization, etc.)(1) An implementer of an urban or Gun planning facility project shall formulate an implementation plan for the relevant urban or Gun planning facility project (hereinafter referred to as “implementation plan”), as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor and the Mayor of a large city; hereafter the same shall apply in paragraph (3)) has formulated an implementation plan pursuant to paragraph (1), he/she shall obtain authorization from the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city deems that an implementation plan prepared by an implementer of an urban or Gun planning facility project conforms to the determination, structures, standards for establishment, etc. of the urban or Gun planning facilities under Article 43 (2), he/she shall authorize the implementation plan. In such cases, the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city may authorize the implementation plan on the condition that the infrastructure be established or such measures as procurement of land required therefor, prevention of harm and danger, prevention of environmental pollution, securing of fine view, landscape architecture, etc. shall be taken.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Paragraph (2) shall apply mutatis mutandis where an authorized implementation plan is altered or discontinued: Provided, That the same shall not apply where minor matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs are altered.

(5) An implementation plan shall clearly indicate or be appended with design documents, funding programs and implementation period, which are necessary to implement the relevant project, and other matters prescribed by Presidential Decree.

(6) When an implementation plan is prepared (referring to cases where a project operator of an urban or Gun planning facilities project is the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city) or approved pursuant to paragraphs (1), (2) and (4), an urban or Gun management plan shall be deemed changed within the limits of insignificant matters under the proviso to Article 30 (5) reflected in such implementation plan. In such cases, any changes in an urban or Gun management plan and topographical maps in which such changes have been reflected shall be announced pursuant to Articles 30 (6) and 32.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 89 (Performance Security for Urban or Gun Planning Facility Projects)(1) In cases prescribed by Presidential Decree where it is deemed necessary to install infrastructure, or to secure sites necessary therefor, to prevent danger and environmental pollution, and to create fine views, landscapes, etc., the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may require the implementer of an urban or Gun planning facility project to deposit a performance guarantee bond in order to guarantee his/her performance: Provided, That the same shall not apply to any of the following persons:  <Amended by Act No. 10599, Apr. 14, 2011>

1. The State or local governments;

2. Public institutions prescribed by Presidential Decree;

3. Other persons prescribed by Presidential Decree.

(2) Matters necessary for methods of computing and depositing performance guarantee bonds under paragraph (1) shall be prescribed by Presidential Decree.

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may order any person who conducts an urban or Gun planning facility project without obtaining authorization under Article 88 (2) or who conducts an urban or Gun planning facility project differently from the details of authorization to reinstate.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where a person in receipt of an order to reinstate the land under paragraph (3) fails to do so, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun may have the relevant land reinstated through a vicarious administrative execution under the Administrative Vicarious Execution Act. In such cases, the performance guarantee bond deposited by an implementer of an urban or Gun planning facility project under paragraph (1) may be appropriated to expenses incurred in relation to such vicarious administrative execution.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 90 (Perusal, etc. of Documents)(1) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city intends to authorize an implementation plan pursuant to Article 88 (3), he/she shall publicly announce it in advance, as prescribed by Presidential Decree, and ensure that the copies of the related documents are made available for public perusal for at least 14 days.  <Amended by Act No. 11292, Feb. 1, 2012>

(2) Owners of land, buildings, etc. in a district where an urban or Gun planning facility project is implemented and the interested parties may submit written opinions to the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor, the Mayor of a large city or the implementer of the urban or Gun planning facility project within the perusal period referred to in paragraph (1), who, in turn, shall reflect the submitted opinions in the implementation plan if such opinions are deemed well-grounded.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Paragraphs (1) and (2) shall apply mutatis mutandis where the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city prepares an implementation plan.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 91 (Public Announcement of Implementation Plans)

Where the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city has formulated or authorized an implementation plan under Article 88, he/she shall publicly announce the contents thereof, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 92 (Legal Fiction of Related Authorization, Permission, etc.)(1) As for matters, on which the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city has consulted with the heads of related administrative agencies under paragraph (3) with regard to the following authorization, permission, etc. for a relevant implementation plan in formulating or authorizing an implementation plan under Article 88, the relevant authorization, permission, etc. shall be deemed obtained; and where an implementation plan under Article 91 is publicly announced, the public announcement, public notice, etc. of the authorization, permission, etc. under the relevant Acts shall be deemed made:  <Amended by Act No. 9401, Jan. 30, 2009; Act No. 9552, Mar. 25, 2009; Act No. 9758, Jun. 9, 2009; Act No. 9774, Jun. 9, 2009; Act No. 9982, Jan. 27, 2010; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011>

1. A building permit under Article 11 of the Building Act, a building report under Article 14 of the same Act, and permission for or reporting on erection of temporary buildings under Article 20 of the same Act;

2. Approval for the establishment, etc. of factories under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

3. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for or reporting on implementation plans for occupancy and use under Article 17 of the same Act, a license for reclamation of public waters under Article 28 of the same Act, consultation on or approval for reclamation performed by the State, etc. under Article 35 of the same Act and approval for implementation plans for reclamation of public waters under Article 38 of the same Act;

4. Deleted;  <by Act No. 10272, Apr. 15, 2010>

5. Authorization for a mining plan under Article 42 of the Mining Industry Act;

6. Permission to use under Article 24 of the State Property Act;

7. Approval for use of agricultural infrastructure for purposes, other than its original purpose, under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

8. Permission for or consultation on the diversion of use of farmland under Article 34 of the Farmland Act, report on the diversion of use of farmland under Article 35 of the same Act, and permission for or consultation on the temporary use of farmland for other purposes under Article 36 of the same Act;

9. Permission to implement road work under Article 34 of the Road Act, and permission to occupy roads under Article 38 of the same Act;

10. Permission to rebury neglected graves under Article 27 (1) of the Act on Funeral Services, etc.;

11. Permission to open private roads under Article 4 of the Private Road Act;

12. Permission to alter form, quality, etc. of land under Article 14 of the Work against Land Erosion or Collapse Act, and revocation of the designation of erosion control land under Article 20 of the same Act;

13. Permission to divert or reporting on diverting mountainous districts under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for or report on the temporary use of mountainous districts under Article 15-2 of the same Act, permission to gather earth and stones under Article 25 (1) of the same Act, reporting on gathering earth and sand under Article 25 (2) of the same Act, and permission to cut or reporting on cutting standing trees, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;

14. Permission to implement small-river work under Article 10 of the Small River Maintenance Act, and permission to occupy small river under Article 14 of the same Act;

15. Authorization for general waterworks business under Article 17 of the Water Supply and Waterworks Installation Act and for industrial waterworks business under Article 49 of the same Act, and authorization for installing private-use waterworks under Article 52 of the same Act and for installing private-use industrial waterworks under Article 54 of the same Act;

16. Approval for an implementation plan of a coastal upgrade project under Article 25 of the Coast Management Act;

17. Consultation on energy use plans under Article 8 of the Energy Use Rationalization Act;

18. Registration of the opening of superstores under Article 8 of the Distribution Industry Development Act;

19. Permission for use and resulting gains under Article 20 (1) of the Public Property and Commodity Management Act;

20. Report on commencement, alteration or completion of a project under Article 86 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records;

21. Consultation on the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;

22. Approval for a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;

23. Permission for, report or consultation on the diversion of grassland under Article 23 of the Grassland Act;

24. Examination for publication of maps, etc. under Article 15 (3) of the Act on Land Survey, Waterway Survey and Cadastral Records;

25. Permission to perform public sewerage construction work under Article 16 of the Sewerage Act and permission to occupy and use public sewerage under Article 24 of the same Act;

26. Permission to perform river work under Article 30 of the River Act, and permission to occupy river under Article 33 of the same Act;

27. Permission to perform harbor work under Article 9 (2) of the Harbor Act, and approval for an implementation plan under Article 10 (2) of the same Act.

(2) Any person who intends to obtain a deemed authorization, permission, etc. provided for in paragraph (1) shall submit related documents prescribed by the relevant Act, when he/she files an application for authorization for his/her implementation plan.

(3) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the Mayor of a large city formulates or authorizes an implementation plan that contains any matters falling under any subparagraph of paragraph (1), he/she shall consult in advance with the heads of related administrative agencies.

(4) The Minister of Land, Transport and Maritime Affairs shall require relevant central administrative agencies to submit standards for dealing authorization, permission, etc. deemed under paragraph (1), and integrate them and notify the public thereof.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 93 (Perusal, etc. of Related Documents)

An implementer of an urban or Gun planning facility project may request the head of the registry office and other related administrative agency to permit him/her to peruse or copy necessary documents, or to issue a certified copy or abridgement of such documents, without compensation, where deemed necessary to implement an urban or Gun planning facility project.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 94 (Serving of Documents)(1) Where an implementer of an urban or Gun planning facility project needs to serve documents on the interested parties, but is unable to do so because their address or whereabouts is unknown or due to other causes, he/she may publicly announce details thereof, as prescribed by Presidential Decree, in lieu of serving them.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The practices of a service by public notice under the Civil Procedure Act shall govern any service by public notice of the documents under paragraph (1).

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 95 (Expropriation and Use of Land, etc.)(1) An implementer of an urban or Gun planning facility project may expropriate or use any of the following goods or rights necessary for implementing an urban or Gun planning facility project:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Land, buildings, or any goods fixed on such land;

2. Rights, other than ownerships of land, buildings, or any goods fixed on such land.

(2) An implementer of an urban or Gun planning facility project may temporarily use the following goods or rights that are adjacent to the urban or Gun planning facilities, where deemed especially necessary to implement such project:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Land, buildings, or any goods fixed on such land;

2. Rights, other than ownerships of land, buildings, or any goods fixed on such land.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 96 (Application Mutatis Mutandis of the Act on Acquisition of and Compensation for Land, etc. for Public Works)(1) The Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to any expropriation and use provided for in Article 95, except as otherwise provided for in this Act.

(2) In application mutatis mutandis of the Act on Acquisition of and Compensation for Land, etc. for Public Works pursuant to paragraph (1), when an implementation plan under Article 91 has been publicly announced, authorization for a project and public announcement thereof under Articles 20 (1) and 22 of the same Act shall be deemed granted or made: Provided, That an application for adjudication shall be filed within an implementation period for an urban or Gun planning facility project specified in the implementation plan, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the same Act.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 97 (Restrictions on Disposal of National and Public Land)(1) Where determination of an urban or Gun management plan under Article 30 (6) has been publicly announced, any national and public land necessary for an urban or Gun planning facility project shall not be sold or transferred for purposes, other than that prescribed by the relevant urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Any violation of paragraph (1) shall be made null and void.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 98 (Public Announcement, etc. of Work Completion)(1) Where an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor and the Mayor of a large city) has completed work for an urban or Gun planning facility project, he/she shall prepare a written report on work completion, and then undergo a completion inspection by a Mayor/Do Governor or a Mayor of a large city, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) The Mayor/Do Governor or the Mayor of a large city shall, upon receipt of a written report on work completion under paragraph (1), promptly perform a work-completion inspection.

(3) Where a Mayor/Do Governor or the Mayor of a large city deems that the relevant work has been completed in compliance with its implementation plan as a result of a completion inspection under paragraph (2), he/she shall issue a certificate of inspection of completion to a project operator of an urban or Gun planning facility project, and officially announce the completion of construction work.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city is an implementer of an urban or Gun planning facility project, he/she shall publicly announce the completion of work for an urban or Gun planning facility project upon completion thereof.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) In performing a completion inspection under paragraph (2) or publicly announcing the work completion pursuant to paragraph (4), with regard to any matter, on which the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city has consulted pursuant to paragraph (7) with the heads of related administrative agencies with regard to the completion inspection and authorization for work completion, etc. following the authorization, permission, etc. deemed pursuant to Article 92, it shall be deemed that the completion inspection has been completed and authorization for work completion, etc. has been obtained.

(6) Where an implementer of an urban or Gun planning facility project (excluding the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor and the Mayor of a large city) intends to obtain a completion inspection and authorization for work completion, etc. deemed under paragraph (5), he/she shall submit related documents prescribed by the relevant Acts, when he/she files an application for the completion inspection.  <Amended by Act No. 10599, Apr. 14, 2011>

(7) In performing a completion inspection under paragraph (2) or publicly announcing a work completion under paragraph (4) by the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city, when there exists in its contents any matter falling under a completion inspection and authorization for work completion, etc. following the authorization, permission, etc. deemed pursuant to Article 92, he/she shall consult in advance with the heads of related administrative agencies.

(8) The Minister of Land, Transport and Maritime Affairs shall require the relevant central administrative agencies to submit standards for processing completion inspection, authorization, etc. deemed pursuant to paragraph (5), and integrate them and notify the public thereof.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 99 (Reversion of Public Facilities, etc.)

Article 65 shall apply mutatis mutandis where any public facilities have been newly installed or any public facilities substituting for existing public facilities have been installed by an urban or Gun planning facility project. In such cases, “when he/she has finished undergoing the completion” in Article 65 (5) shall be construed as “when he/she has finished the completion inspection (referring to when a public announcement of work completion under Article 98 (4) has been made, where an implementer is the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city)”, and “document attesting that a completion inspection has been completed under Article 62 (1)” in Article 65 (7) shall be construed as “certificate of completion inspection under Article 98 (3) (referring to a document attesting that he/she has publicly announced the completion of such work under paragraph (4) of the same Article, where an implementer is the Minister of Land, Transport and Maritime Affairs, a Mayor/Do Governor or the Mayor of a large city)”.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 100 (Relationship to other Acts)

Where intending to dispose of any property in the possession of the State or a local government among sites created and buildings erected by an urban or Gun planning facility project, such property may be disposed of in the following order, as prescribed by Presidential Decree, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Transfer to any owner of the land and buildings expropriated due to an implementation of the relevant urban or Gun planning facility project;

2. Exchange with any land necessary for another urban or Gun planning facility project.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER VIII COSTS

Article 101 (Principles for Bearing Costs)

Costs incurred in formulating metropolitan plans or urban or Gun plans, and in implementing urban or Gun planning facility projects shall be in principle borne by the State budget if implemented by the State, by any local government if implemented by any local government, and by a person, not an administrative agency, if implemented by such person, except as otherwise provided for in this Act or other Acts.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 102 (Cost Bearing by Local Governments)(1) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor may, when any City/Do or Si/Gun significantly benefits from an urban planning facility project performed by him/her, require such City/Do or Si/Gun to bear part of costs incurred in implementing the said urban or Gun planning facility project, as prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs shall consult with the Minister of Public Administration and Security before he/she requires the City/Do or Si/Gun to bear costs.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Mayor/Do Governor intends to require the Special Metropolitan City, the Metropolitan City, Special Self-governing City, Special Self-governing Province or the Si/Gun not belonging to the relevant City/Do to bear costs pursuant to paragraph (1), he/she shall consult with the head of the relevant local government, but if such consultation fails to reach agreement, it shall be governed by a determination made by the Minister of Public Administration and Security.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) The head of a Si/Gun may, when other local governments significantly benefit from an urban or Gun planning facility project performed by him/her, require such local government to bear part of costs incurred in implementing the said urban or Gun planning facility project, as prescribed by Presidential Decree, by consulting thereon with another local government that has benefitted therefrom.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) Where the consultation referred to in paragraph (3) fails to reach agreement and where other local governments belong to the same Do, it shall be governed by a determination made by the competent Do Governor, and when it belongs to another City/Do, it shall be governed by a determination made by the Minister of Public Administration and Security.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 103 (Cost Bearing by Managers of Public Facilities)

Any implementer of an urban planning facility project (limited to an administrative agency) may, when any manager of public facilities (limited to public facilities installed and managed by a person, other than the relevant implementer) has significantly benefitted from an urban or Gun planning facility project, require the said manager to bear part of costs incurred in implementing the relevant urban or Gun planning facility project by consulting thereon with the manager of such public facility, as prescribed by Presidential Decree. In such cases, if such consultation fails to reach agreement, the Minister of Land, and Transport and Maritime Affairs shall determine it by hearing the opinions of the head of the central administrative agency on the relevant public facilities.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 104 (Subsidies or Loans)(1) Costs incurred in conducting basic investigations as to a metropolitan plan or an urban or Gun plan formulated by the Mayor/Do Governor or the head of a Si/Gun, or in preparing topographic drawings under Article 32 may be fully or partially subsidized by the State budget, as prescribed by Presidential Decree.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Costs incurred in implementing an urban or Gun planning facility project by an administrative agency may be subsidized or loaned in whole or in part by the State budget, as prescribed by Presidential Decree, and part of costs incurred in implementing an urban or Gun planning facility project by any person, not an administrative agency may be subsidized or loaned by the State or a local government, as prescribed by Presidential Decree. In such cases, the State or local governments may preferentially support areas in which infrastructure such as roads, utilities, etc. is insufficient compared with adjacent areas, areas in which metropolitan facilities reflected in metropolitan plans are established, or areas that have been released from a development restriction zone (limited to a collective settlement).  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 105 (Assistance to Settlement Districts)

The State or local governments may implement or support the projects for the convenience of living and increased welfare, etc. of the residents within the settlement district, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER IX URBAN PLANNING COMMITTEE

Article 106 (Central Urban Planning Committee)

The Central Urban Planning Committee shall be established in the Ministry of Land, Transport and Maritime Affairs to perform the following affairs:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Deliberation on matters belonging to the authority of the Minister of Land, Transport and Maritime Affairs, such as a metropolitan plan, an urban or Gun plan, a zone wherein a contract for land transactions is permitted, etc.;

2. Deliberation on matters stipulated by this Act or other Acts to undergo deliberation by the Central Urban Planning Committee;

3. Investigations and research on urban or Gun plans.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 107 (Organization)(1) The Central Urban Planning Committee shall be comprised of not less than 25, but not more than 30, members, including one chairperson and one vice chairperson.

(2) The chairperson and the vice chairperson of the Central Urban Planning Committee shall be appointed or commissioned by the Minister of Land, Transport and Maritime Affairs from among its members.

(3) The members shall be appointed or commissioned by the Minister of Land, Transport and Maritime Affairs from among pubic officials of related central administrative agencies and persons having much knowledge and experience in the field related to urban or Gun planning, such as land utilization, building, housing, traffic, spatial information, environment, legislation, welfare, disaster prevention, culture, agriculture and forestry, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(4) The number of members who are not public officials shall be at least ten, and their terms of office shall be two years.

(5) The term of office for any supplementary member shall be the remainder of the term of office for his/her predecessor.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 108 (Duties of Chairperson, etc.)(1) The chairperson shall exercise overall control over the affairs of the Central Urban Planning Committee, and preside over its meetings.

(2) The vice chairperson shall assist the chairperson, and act for the chairperson if the chairperson is unable to perform his/her duties due to extenuating circumstances.

(3) Where both the chairperson and the vice chairperson are unable to perform their duties due to extenuating circumstances, the member who has been designated in advance by the chairperson shall act on their behalf.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 109 (Convocation of Meeting and Quorum for Resolution)(1) The Minister of Land, Transport and Maritime Affairs or the chairperson shall convene meetings of the Central Urban Planning Committee, where deemed necessary.

(2) Meetings of the Central Urban Planning Committee shall open with the attendance of a majority of all incumbent members, and pass a resolution with a concurrent vote of a majority of those present.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 110 (Subcommittees)(1) Subcommittees may be set up in the Central Urban Planning Committee to efficiently deliberate on the following matters:

1. Designation and alteration of any zone, etc. for land utilization under Article 8 (2), and concerning plans for altering special-purpose areas, etc. under Article 9;

2. Deliberation under Article 59;

3. Designation of permission areas under Article 117;

4. Matters delegated by the Central Urban Planning Committee.

(2) Deliberation by subcommittees shall be deemed deliberation by the Central Urban Planning Committee: Provided, That in cases under paragraph (1) 4, it shall be limited to cases where the Central Urban Planning Committee ensures that any deliberation by subcommittees is deemed to have been conducted by the Central Urban Planning Committee.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 111 (Expert Members)(1) The Central Urban Planning Committee may have expert members investigate and research important matters concerning urban or Gun planning, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Upon receipt of a request from the chairperson, the Central Urban Planning Committee or subcommittees, expert members may attend its meetings and state opinions.

(3) Expert members shall be appointed by the Minister of Land, Transport and Maritime Affairs from among persons having much knowledge and experience in the field related to urban or Gun planning, such as land utilization, construction, housing, traffic, spatial information, environment, legislation, welfare, disaster prevention, culture, agriculture and forestry, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 112 (Executive Secretary and Clerks)(1) The Central Urban Planning Committee shall have an executive secretary and clerks.

(2) The executive secretary and clerks shall be appointed by the Minister of Land, Transport and Maritime Affairs from among public officials belonging to the Ministry of Land, Transport and Maritime Affairs.

(3) The executive secretary shall, as ordered by the chairperson, be in charge of administrative affairs of the Central Urban Planning Committee, and the clerks shall assist the executive secretary.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 113 (Local Urban Planning Committees)(1) The City/Do Urban Planning Committee shall be established in the City/Do to perform any deliberation or counseling falling under each of the following:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Deliberation on matters belonging to the authority of the Mayor/Do Governor, such as deliberation on any urban or Gun management plan determined by the Mayor/Do Governor, and on matters stipulated by other Acts to be deliberated on by the City/Do Urban Planning Committee;

2. Where any matter subject to deliberation by the Central Urban Planning Committee has been delegated to the Mayor/Do Governor, among matters belonging to the authority of the Minister of Land, Transport and Maritime Affairs, deliberation on such delegated matters;

3. Counseling to the Mayor/Do Governor on matters related to urban or Gun management plans;

4. Other deliberation or counseling on matters prescribed by Presidential Decree.

(2) The Si/Gun/Gu Urban Planning Committee shall be respectively established in a Si/Gun (including a Gun within the jurisdiction of the Metropolitan City; hereafter in this Article, the same shall apply) or a Gu (referring to an autonomous Gu; hereinafter the same shall apply) in order to perform any deliberation or counseling related to urban or Gun management plans as follows:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Where any matter subject to deliberation by the City/Do Urban Planning Committee among matters belonging to the authority of the deliberation of an urban or Gun management plan determined by the Mayor of a large city, and the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor has been delegated or re-delegated to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), deliberation on such matters delegated or re-delegated;

2. Counseling to the head of a Si/Gun/Gu on matters related to an urban or Gun management plan;

3. Deliberation on the permission, etc. for development activities under Article 59;

4. Deliberation and counseling on matters prescribed by Presidential Decree.

(3) A City/Do Urban Planning Committee or Si/Gun/Gu Urban Planning Committee may set up subcommittees to efficiently deliberate on matters prescribed by Presidential Decree, among matters subject to deliberation by the City/Do Urban Planning Committee or the Si/Gun/Gu Urban Planning Committee.

(4) Any matter designated by the City/Do Urban Planning Committee or the Si/Gun/Gu Urban Planning Committee among matters to be deliberated on by the subcommittees, any deliberation by the subcommittees shall be deemed to be that by the City/Do Urban Planning Committee or the Si/Gun/Gu Urban Planning Committee.

(5) Technical experts may be assigned to the local urban planning committee to investigate and research important matters concerning urban or Gun planning, etc.  <Amended by Act No. 10599, Apr. 14, 2011>

(6) Where technical experts are assigned to the local urban planning committee pursuant to paragraph (5), Article 111 (2) and (3) shall apply thereto. In such cases, the “Central Urban Planning Committee” shall be construed as the “local urban planning committee”, and the “Minister of Land, Transport and Maritime Affairs” as the “head of a local government to which the relevant local urban planning committee belongs”.  <Newly Inserted by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 113-2 (Disclosure of Meeting Minutes)

The minutes stating the dates and times of deliberation, agendas and their contents, results, etc. of the Local Urban Planning Committee shall be disclosed, as prescribed by Presidential Decree, after a period prescribed by Presidential Decree elapses within the scope of not more than one year, where their disclosure is requested: Provided, That the same shall not apply where such disclosure is considerably feared to spark speculative investment in real estate and to undermine public interest and to personal identity information, including names, resident registration numbers, etc. which is prescribed by Presidential Decree as being feared to infringe on the fairness of deliberation and resolutions.

[This Article Newly Inserted by Act No. 9442, Feb. 6, 2009]

Article 113-3 (Exclusion or Evasion of Members)(1) Where a member of the Central Urban Planning Committee and a member of the local urban planning committee fall under any of the following subparagraphs, they shall be excluded from deliberation or consultation:

1. Where a member himself/herself or a person who is or was his/her spouse is the relevant person, or a joint obligee or joint obligor;

2. Where a member himself/herself is a relative of the relevant person, or a member himself/herself or a corporation to whom he/she belongs is a legal adviser or management adviser, or legal consultant or management consultant of the relevant person;

3. Where a member himself/herself or a corporation to whom he/she belongs is or was involved as an agent of the relevant person;

4. Where a member himself/herself is involved in the relevant agenda as an interested party, which is prescribed by Presidential Decree.

(2) Where a member falls under grounds referred to in the subparagraphs of paragraph (1), he/she may evade from deliberation or consultation on such agenda of his/her own accord.

[This Article Newly Inserted by Act No. 10599, Apr. 14, 2011]

Article 113-4 (Legal Fiction of Public Officials When Applying Penal Provisions)

Among members and technical experts of the Central Urban Planning Committee and members and technical experts of the local urban planning committee, a member or technical expert who is not a public official shall be deemed a public official when Articles 129 through 132 of the Criminal Act apply in relation to his/her official duty.

[This Article Newly Inserted by Act No. 10599, Apr. 14, 2011]

Article 114 (Detailed Rules for Operation)(1) Matters necessary to establish and operate the Central Urban Planning Committee and its subcommittees shall be prescribed by Presidential Decree.

(2) Matters necessary to establish and operate the local urban planning committees and their subcommittees shall be prescribed by municipal ordinance of the relevant local government within the scope prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 115 (Allowances and Travel Expenses for Members, etc.)

Allowances and travel expenses may be paid to members or expert members of the Central Urban Planning Committee and members of local urban planning committees, as prescribed by Presidential Decree or municipal ordinances.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 116 (Permanent Urban or Gun Planning Groups)

A permanent urban or Gun planning group composed of technical experts, etc. under Article 113 (5) shall be set up in any local urban or Gun planning committee to examine a metropolitan plan, an urban or Gun master plan or an urban or Gun management plan drafted by the head of a local government, or to perform planning, instruction, investigations or research on a metropolitan plan, an urban or Gun master plan or an urban or Gun management plan entrusted by the head of a local government, as determined by municipal ordinance of the relevant local government.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER X PERMISSION, ETC. FOR LAND TRANSACTIONS

Article 117 (Designation of Permission Area)(1) The Minister of Land, Transport and Maritime Affairs may designate an area wherein speculative land transactions are prevalent or land prices increase or are anticipated to increase rapidly, and any area, which are areas prescribed by Presidential Decree, as an area subject to permission of land transaction contract under Article 118 (1) (hereinafter referred to as “permission area”) within the specified period up to five years, to ensure smooth formulation and implementation of a plan for utilization and management of the national land, and a rational utilization of land, etc.

(2) Where the Minister of Land, Transport and Maritime Affairs intends to designate any area as a permission area under paragraph (1), he/she shall submit it for deliberation thereon by the Central Urban Planning Committee: Provided, That where he/she intends to continue to re-designate any permission area, the designation period of which is to expire, as a permission area, he/she shall hear in advance the opinions of the Mayor/Do Governor and the head of the competent Si/Gun/Gu prior to deliberation thereon by the Central Urban Planning Committee.

(3) Where the Minister of Land, Transport and Maritime Affairs has designated any area as a permission area under paragraph (1), he/she shall promptly notify publicly matters prescribed by Presidential Decree, and notify the Mayor/Do Governor of its contents.

(4) The Mayor/Do Governor in receipt of the notification referred to in paragraph (3) shall promptly report the contents of such public notice to the head of the registry office and the head of the Si/Gun/Gu having jurisdiction over such permission area, and the head of the Si/Gun/Gu so notified shall promptly notify them publicly for at least seven days, and make the contents of such public notice available for public perusal for 15 days.

(5) Any designation of permission area shall take effect five days after the date on which such designation has been publicly notified under paragraph (3).

(6) Where the Minister of Land, Transport and Maritime Affairs deems that any ground for designation of permission area no longer exists, or that a request for a revocation of the designation or reduction of the scale of permission area from the related Mayor/Do Governor or head of a Si/Gun/Gu is deemed to be well-grounded, he/she shall promptly revoke the designation of permission area, or reduce in part the scale of the designated permission area.

(7) The main sentence of paragraph (2) and paragraphs (3) and (4) shall apply mutatis mutandis to a revocation or reduction referred to in paragraph (6).

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 118 (Permission for Land Transaction Contracts)(1) Any parties intending to enter into a contract (including any preengagement; hereinafter referred to as “land transaction contract”) on the transfer or establishment (limited to the transfer or establishment in return for a consideration) of the ownership or superficies (including the right aimed at acquiring the ownership or superficies) over the land located within the permission area shall jointly obtain permission from the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply to intended alterations to permitted matters.

(2) Any permission referred to in paragraph (1) shall not be required for the transaction contract for any land, the area of which is smaller than that prescribed by Presidential Decree by its purpose of use, in consideration of the trends of economy and land prices, the unit area for transaction, etc.

(3) Any person who intends to obtain permission referred to in paragraph (1) shall submit to the head of a Si/Gun/Gu an application stating the details of his/her contract, a plan to utilize the land and a plan to acquire and raise the fund, etc. In such cases, matters to be included in the plan for utilizing the land and a plan to acquire and raise the fund, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That a plan to acquire and raise the fund that is submitted to the head of a Si/Gun/Gu is altered, the details of such alteration may be submitted to the head of the Si/Gun/Gu by the date on which the registry of the acquired land is effected.

(4) Where the head of a Si/Gun/Gu has received an application under paragraph (3), he/she shall grant or decide not to grant permission within the processing period stipulated in the Civil Petitions Treatment Act and either deliver a certificate of permission to the applicant, or notify him/her in writing of the grounds for non-permission: Provided, That where the advance-sale consultation procedures are under way pursuant to Article 122, he/she shall notify the applicant of such fact within the above-mentioned period.

(5) Where no notification is made as to the issuance of permission or non-permission, or no notification is made as to the advance-sale consultation within the period referred to in paragraph (4), permission under paragraph (1) shall be deemed to have been granted on the date following that on which the relevant period has been expired. In such cases, the head of a Si/Gun/Gu shall promptly deliver the certificate of permission to the applicant.

(6) No land transaction contract that has been concluded without obtaining permission under paragraph (1) shall take effect.

(7) Necessary matters concerning the method of computing the area of the land referred to in paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 119 (Standards for Permission)

The head of a Si/Gun/Gu shall grant permission except cases where an application for permission under Article 118 falls under any of the following:  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11292, Feb. 1, 2012>

1. Where the objective of land utilization by any person intending to enter into a land transaction contract does not fall under any of the following:

(a) Where he/she intends to utilize the land as a site for his/her residential housing;

(b) Where he/she intends to utilize the land to install facilities confirmed by the head of the competent Si/Gun/Gu as welfare or convenience facilities for residents in an area wherein a permission area is included;

(c) Where the land is necessary for farmers, foresters, fishermen or those prescribed by Presidential Decree who reside in a permission area to carry on business of agriculture, livestock, forest or fishery within the relevant permission area;

(d) Where the land is necessary for any person implementing a project entitled to expropriate or use land under the Act on Acquisition of and Compensation for Land, etc. for Public Works and other Acts in order to operate such project;

(e) Where any person who implements, or intends to implement, a project necessary for sound development of areas including a permission area, and also deemed to satisfy designation objectives of an area, district, zone, etc., designated by the related Acts intends to utilize the land for such project;

(f) Where any person who conducts business in the Special Metropolitan City, a Metropolitan City, Special Self-governing City or Si (including an administrative Si under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in this Article)/Gun to which a permitted area belongs as at the time such area is designated, or in the neighboring Special Metropolitan City, Metropolitan City, Special Self-governing City or Si/Gun intends to use for such business, or another person who conducts business closely related to his/her business intends to use for such business;

(g) Where it is intended to use land for purposes prescribed by Presidential Decree, required for everyday life and normal economic activities of those who live in the Special Metropolitan City, a Metropolitan City, Special Self-governing City or Si/Gun to which a permitted area belongs;

2. Where the objective of land utilization by any person intending to enter into a land transaction contract falls under any of the following:

(a) Where it does not comply with an urban or Gun plan and other plans for utilizing and managing the land;

(b) Where there is a concern over serious harm to the preservation of ecosystem and the protection of residents’ sound living environments;

3. Where such area is deemed inappropriate in view of the objectives of utilizing the land.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 120 (Raising of Objections)(1) Any person dissatisfied with a disposition taken under Article 118 may raise an objection to the head of the competent Si/Gun/Gu within one month from the date on which he/she is subject to such disposition.

(2) The head of the competent Si/Gun/Gu in receipt of the objection raised under paragraph (1) shall submit it for deliberation thereon by the Si/Gun/Gu Urban Planning Committee, and notify the demurrer of the relevant results.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 121 (Special Cases, etc. concerning Land Transaction Contracts Entered into by State)(1) In applying Article 118 (1), where either or both interested parties are the State, local governments, the Korea Land Corporation under the Korea Land Corporation Act (hereinafter referred to as the “Korea Land Corporation”), and other public institutions or organizations prescribed by Presidential Decree, the heads of relevant institutions may consult with the head of the competent Si/Gun/Gu, and when the consultation has reach agreement, permission for such land transaction contract shall be deemed to have been granted.

(2) Article 118 shall not apply to any of the following cases:

1. Expropriation of any land under the Act on Acquisition of and Compensation for Land, etc. for Public Works;

2. Auction under the Civil Execution Act;

3. Other cases prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 122 (Advance Sale)(1) Where an application is made for permission as to a land transaction contract under Article 118 (1) and where the State, local governments, the Korean Land Corporation, and other public institutions or organizations prescribed by Presidential Decree intend to purchase any of the following land, the head of a Si/Gun/Gu may designate the person to purchase the relevant land among them (hereinafter referred to as “advance-sale purchaser”), and require him/her to purchase the relevant land after consultation:

1. Land for the public interest business;

2. Land acquired subject to permission for a land transaction contract under Article 118 (1), which is not utilized in pursuance of the objective of such utilization.

(2) Where an application is made for permission for a land transaction contract for the land falling under any subparagraph of paragraph (1), the head of a Si/Gun/Gu shall designate the advance-sale purchaser within one month from the date such application is filed, and notify the landowner thereof, and the advance-sale purchaser shall finish the advance sale consultations with the relevant landowner within one month from the date he/she is notified of the designation, as prescribed by Presidential Decree.

(3) Where an advance-sale purchaser makes a purchase of land referred to in paragraphs (1) and (2), the price of such land shall be based on the prices appraised and assessed by any appraisal and assessment business operator pursuant to the Public Notice of Values and Appraisal of Real Estate Act and where the price entered in an application form for permission for a land transaction contract is lower than the appraised price, it may be the price entered in the application form for permission.

(4) Where an advance-sale consultation referred to in paragraph (2) fails to reach agreement, the head of a Si/Gun/Gu shall promptly decide on whether to grant permission, and notify the applicant thereof.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 123 (Application for Purchasing Land Subject to Disposition of Non-Permission)(1) Where an application for permission under Article 118 (1) has been filed, any person whose application has been declined may file an application for purchase of the right over the relevant land with the head of a Si/Gun/Gu within one month from the date he/she has been notified of rejection of application.

(2) The head of a Si/Gun/Gu in receipt of an application for purchase under paragraph (1) shall designate an entity to purchase among the State, local governments, the Korea Land Corporation, other public institutions or organizations prescribed by Presidential Decree, and require it to purchase the relevant land within the budgetary limits on the basis of the publicly-announced land prices: Provided, That when the price entered in an application form for permission for a land transaction contract is lower than the publicly announced land prices, it may be purchased at the price entered on the application for permission.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 124 (Obligation, etc. for Land Utilization)(1) Any person who has obtained permission for a land transaction contract under Article 118 shall utilize such land for the permitted purposes for a period prescribed by Presidential Decree within five years, except for cases where any justifiable cause exists prescribed by Presidential Decree.

(2) The head of a Si/Gun/Gu shall investigate as to whether any person who has obtained permission for a land transaction contract utilizes the land in pursuance of the permitted purposes, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

(3) The head of a Si/Gun/Gu may pay a bounty to anyone who has re ported or filed any of the following persons with the head of the Si/Gun/Gu or any investigation agency, as prescribed by Presidential Decree:

1. A person who enters into a land transaction contract without obtaining permission or permission to alter under Article 118 (1) or obtains permission for his/her land transaction contract by false or other illegal means;

2. A person who fails to use the land acquired by obtaining permission for a land transaction contract for the permitted purpose, in violation of paragraph (1).

(4) Expenses incurred in paying bounties pursuant to paragraph (3) shall be appropriated from the financial resources of the Si/Gun/Gu.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 124-2 (Charges for Compelling Performance)(1) With respect to anyone who fails to fulfill his/her obligation to use land pursuant to Article 124 (1), the head of a Si/Gun/Gu may order him/her to fulfill his/her obligation to use land for a specified period: Provided, That the head of a Si/Gun/Gu may choose not to order him/her to do so where grounds prescribed by Presidential Decree exist.

(2) Where an order issued to fulfill the obligation to use land under paragraph (1) is not executed for the specified period, the head of a Si/Gun/Gu shall impose a charge for compelling performance in an amount prescribed by Presidential Decree within the scope of 10/100 of the acquisition value of the land.

(3) The head of a Si/Gun/Gu may repeatedly impose and collect the charge for compelling performance under paragraph (2) once a year from the date on which the first order is issued to fulfill the obligation to use land by the time such obligation is fulfilled as ordered.

(4) The head of a Si/Gun/Gu may not impose a charge for compelling performance after an obligatory utilization period under Article 124 (1) lapses.

(5) Where a person who is ordered to fulfill the obligation to use land pursuant to paragraph (1) fulfills such obligation, the head of a Si/Gun/Gu shall immediately cease imposing any further charge for compelling performance, but collect the charge for compelling performance already imposed before the order is fulfilled.

(6) Anyone who is dissatisfied with the disposition taken to impose a charge for compelling performance pursuant to paragraph (2) may raise an objection to the head of a Si/Gun/Gu.

(7) Where a person subject to a disposition to pay a charge for compelling performance pursuant to paragraphs (2) and (3) fails to pay it by the payment deadline, it shall be collected in the same manner as delinquent national or local taxes are collected.

(8) Necessary matters concerning imposition, payment and collection of charges for compelling performance and ways to raise an objection, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 125 (Investigations into Trends of Land Prices)

The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor shall investigate the trends of land prices and the status of land transactions, as prescribed by Presidential Decree, in order to gather the data necessary to perform the land transaction permission system, and to perform other land policies, and may request the related administrative agencies and other necessary institution to submit the data required therefor. In such cases, any institution requested to submit the data shall comply therewith, unless any extraordinary ground exists.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 126 (Relation to other Acts)(1) Where permission for a land transaction contract has been granted under Article 118 on the farmland, a qualification certificate for acquisition of farmland shall be deemed to have been issued under Article 8 of the Farmland Act. In such cases, where the head of a Si/Gun/Gu grants permission for land transaction contract for the farmland within the rural community under subparagraph 5 of Article 3 of the Framework Act on Agriculture and Rural Community (limited to a green belt zone in cases of an urban area), he/she shall verify whether the requirements for issuing a qualification certificate for acquisition of farmland are met, and notify the Minister for Food, Agriculture, Forestry and Fisheries of the details of such permission.

(2) Where a permit is issued under Article 118 (4) and (5), approval seal shall be deemed to have been affixed under Article 3 of the Act on Special Measures for the Registration of Real Estate.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

CHAPTER XI SUPPLEMENTARY PROVISIONS

Article 127 (Designation of and Support for Model Cities)(1) Where necessary to facilitate the original and sustainable development by vitalizing the economic, social and cultural characteristics of cities, the Minister of Land, Transport and Maritime Affairs may, either directly or upon request from the heads of related central administrative agencies or the Mayor/Do Governor, designate model cities (including model districts or model complexes) by each field of scenery, ecosystem, information and communications, science, culture, tourism and other fields prescribed by Presidential Decree.

(2) The Minister of Land, Transport and Maritime Affairs, the heads of related central administrative agencies or the Mayor/Do Governor may render the required supports, such as budget, human resources, etc., to model cities designated under paragraph (1).

(3) The Minister of Land, Transport and Maritime Affairs may request the heads of related central administrative agencies or the Mayor/Do Governor to submit the data necessary for the designation of and support for the model cities.

(4) Necessary matters concerning the standards, procedures, etc. for designation of and supports for model cities shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 128 (Utilization of National Land Use Information System)

Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun manages information about urban or Gun planning by constructing a national land use information system pursuant to Article 12 of the Framework Act on the Regulation of Land Use, he/she shall utilize the relevant information for the formulation of urban or Gun planning.

[This Article Newly Inserted by Act No. 11292, Feb. 1, 2012]

Article 129 (Requests for Advice, etc. to Specialized Institutions)(1) Where deemed necessary, the Minister of Land, Transport and Maritime Affairs may request advice or entrust the investigation and research to institutions specializing in urban or Gun planning, with respect to approval for a metropolitan plan or an urban or Gun master plan and other important matters for an urban plan.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where the Minister of Land, Transport and Maritime Affairs requests advice, or entrusts the investigation and research under paragraph (1), he/she may subsidize relevant specialized institutions within budgetary limits, with regard to expenses incurred therein.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 130 (Access, etc. to Land)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, the head of a Si/Gun or an implementer of an urban or Gun planning facility project may gain access to any third person’s land, or temporarily use such land as a material storage yard or temporary road if necessary to perform any of the following activities, and may either alter or remove standing trees, earth, stones, and other obstacles where especially necessary:  <Amended by Act No. 10599, Apr. 14, 2011>

1. A basic investigation for an urban or Gun plan and metropolitan plan;

2. A basic investigation for a development-density control area, infrastructure-levy area and infrastructure-building planning under Article 67 (4);

3. An investigation into the trend of land prices and status of land transactions;

4. A survey, measurement, or implementation concerning an urban or Gun planning facility project.

(2) Any person intending to gain access to any third person’s land pursuant to paragraph (1) shall obtain permission from the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun, and notify the owner, occupant or manager of the relevant land of the date and place of such access by not later than seven days before the day on which he/she intends to gain access: Provided, That any implementer of urban or Gun planning facility project who is an administrative agency may gain access to any third person’s land without obtaining any permission.  <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11292, Feb. 1, 2012>

(3) Any person intending to use any third person’s land as a material storage yard or temporary road, or to either alter or remove standing trees, earth, stones, and other obstacles under paragraph (1) shall obtain the consent of the owner, occupant or manager of the land.

(4) In cases falling under paragraph (3), where the consent of the owner, occupant or manager of the land or obstacles cannot be obtained as he/she is absent or his/her address or whereabouts is not known, an implementer of an urban or Gun planning facility project who is an administrative agency shall notify the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun of such fact, and any implementer of an urban planning facility project who is not an administrative agency shall obtain prior permission from the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun.  <Amended by Act No. 10599, Apr. 14, 2011>

(5) Any person intending to use any third person’s land as a material storage yard or temporary road, or to alter or remove obstacles pursuant to paragraphs (3) and (4) shall notify the owner, occupant or manager of the land or the obstacles by not later than three days before the day on which he/she intends to use such land, or to alter or remove the obstacles.

(6) No one shall gain access to any third person’s land surrounded by the sites, walls, or hedges, before sunrise or after sunset without the consent of an occupant of such land.

(7) No occupant of the land shall interfere with or refuse activities referred to in paragraph (1) without justifiable grounds.

(8) Any person intending to engage in activities referred to in paragraph (1) shall carry a certificate indicating his/her authority and a permit, and produce them to the interested parties.

(9) Matters necessary for certificates and permits referred to in paragraph (8) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 131 (Indemnity for Loss Incurred by Access, etc. to Land)(1) Where any person has suffered any loss incurred by activities referred to in Article 130 (1), any administrative agency whereto belongs such actor or any implementer of an urban or Gun planning facility project shall indemnify him/her for such loss.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) With respect to the indemnity for losses referred to in paragraph (1), a person liable for such indemnity for losses and a person who suffered such losses shall hold a consultation with each other.

(3) Where the consultation referred to in paragraph (2) has failed to reach agreement or such consultations are unable to be held, a person liable for such indemnity for losses or a person who suffered such losses may file a request for adjudication with the competent land expropriation committee.

(4) Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to any adjudication rendered by the competent land expropriation committee.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 132 Deleted. <by Act No. 7715, Dec. 7, 2005>

Article 133 (Disposition to Offenders of Acts, etc.)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun/Gu may make necessary dispositions, such as revocation of permission, authorization, etc. under this Act, suspension of work, a rebuilding or relocation of structures, etc. to any of the following persons, or order such persons to take measures:  <Amended by Act No. 9861, Dec. 29, 2009; Act No. 10599, Apr. 14, 2011>

1. A person who performs his/her business or work without filing a report required under the proviso to Article 31 (2);

2. A person who installs urban or Gun planning facilities without a decision having been made on the urban or Gun planning facilities required under Article 43 (1);

3. A person who occupies or uses a utility tunnel without obtaining permission to occupy or use the utility tunnel, required under Article 44-3 (2), or fails to pay a fee for occupancy or use thereof under paragraph (3) of the same Article;

4. A person who constructs a building or alters its use in a district-unit planning zone under Article 54 contrary to the relevant district-unit plan;

5. A person who performs development activities without obtaining permission for development activities or permission to alter development activities, required under Article 56;

5-2. A person who obtained permission for development activities or permission for change pursuant to Article 56, but fails to complete development activities during the permitted project period;

6. A person who fails to deposit a performance guarantee bond under Article 60 (1), or fails to comply with an order to reinstate the land, issued under paragraph (3) of the same Article;

7. A person who fails to undergo a completion inspection required under Article 62 after having finished development activities;

8. A person who violates restrictions, etc. on construction of buildings in a special-purpose area or special-purpose district under Article 76 (excluding paragraph (5) 2 through 4 of the same Article);

9. A person who constructs a building, in violation of building-to-land ratios stipulated under Article 77;

10. A person who constructs a building, in violation of a floor area ratio stipulated under Article 78;

11. A person who violates restrictions, etc. on areas where special-purpose areas are not designated or sub-divided as yet under Article 79;

12. A person who violates restrictions, etc. on activities in an urbanization-coordination district under Article 81;

13. A person who violates applicable standards to sites extending over two or more special-purpose areas, etc. under Article 84;

14. A person who implements an urban or Gun planning facility project without being designated as a project operator of an urban or Gun planning facility project under Article 86 (5);

15. A person who implements a project without obtaining authorization or authorization to alter an implementation plan for an urban or Gun planning facility project under Article 88;

15-2. A person who obtained approval for an implementation plan with respect to an urban or Gun planning facility project or approval for the change thereof pursuant to Article 88, but fails to complete a project during the project period fixed in such implementation plan;

16. A person who fails to deposit a performance guarantee bond under Article 89 (1), or fails to comply with an order to reinstate the land issued under paragraph (3) of the same Article;

17. A person who fails to undergo a completion inspection under Article 98 after having finished construction work for an urban or Gun planning facility project;

18. A person who enters into a land transaction contract or a contract for alteration thereof without obtaining permission for a land transaction contract or permission to alter a land transaction contract required under Article 118;

19. A person who has obtained permission for a land transaction contract under Article 118 fails to use the land for permitted purposes;

20. A person who enters a third person’s land or temporarily use the land, in violation of Article 30;

21. A person who obtains any of the following permission, authorization, designation, etc. by false means:

(a) Permission for development activities or permission to alter development activities under Article 56;

(b) A completion inspection on development activities under Article 62;

(c) Permission to engage in activities in an urbanization-coordination district under Article 81;

(d) Designation as an implementer of an urban or Gun planning facility project under Article 86;

(e) Authorization for an implementation plan or authorization for alteration of an implementation plan under Article 88;

(f) A completion inspection on an urban or Gun planning facility project under Article 98;

(g) Permission for a land transaction contract under Article 118;

22. Where any continued performance of development activities or any continued implementation of an urban or Gun planning facility project is deemed to cause concern over seriously damaging public interests due to a change of situation: A person subject to permission for such development activities or an implementer of such urban planning facility project.

(2) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun/Gu has made a necessary disposition or ordered to take the measures under paragraph (1) 22, he/she shall make any indemnity for losses incurred thereby.

(3) Article 131 (2) through (4) shall apply mutatis mutandis to the indemnity for losses under paragraph (2).

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 134 (Administrative Appeals)

An administrative appeal may be raised pursuant to the Administrative Appeals Act against any disposition taken by an implementer of an urban or Gun planning facility project under this Act. In such cases, such administrative appeal shall be raised to a person who has designated a relevant implementer under Article 86 (5) with respect to disposition taken by an implementer who is not an administrative agency.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 135 (Succession, etc. to Rights and Obligations)(1) Any of the following rights and obligations shall be transferred to a successor thereto simultaneously with an alteration in the ownership and other rights:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Rights and obligations to an urban or Gun management plan of a person who has ownership in and other rights to land or buildings;

2. Rights and obligations accruing to or imposed on the owner and superficies holder, etc. of land under Articles 117 through 124, 124-2, 125 and 126.

(2) Any disposition under this Act or under orders issued by this Act, procedures therefor, and other activities, shall have effects on any successor to a person who has ownership and other rights to the land or buildings related to such activities.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 136 (Hearings)

Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun/Gu intends to take any of the following dispositions pursuant to Article 133 (1), he/she shall hold a hearing:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Revocation of permission for development activities;

2. Revocation of a designation of an implementer of an urban or Gun planning facility project under Article 86 (5);

3. Revocation of authorization for an implementation plan;

4. Revocation of permission for a land transaction contract.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 137 (Report, Inspection, etc.)(1) When deemed necessary, the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40), the Mayor/Do Governor or the head of a Si/Gun may order any person who has obtained permission for development activities or an implementer of an urban or Gun planning facility project to file necessary reports for supervision, or to submit the data, and may require his/her public officials to inspect work status in connection to the development activities.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Any public official who inspects work status pursuant to paragraph (1) shall carry a certificate indicating his/her authority, and produce it to the interested parties.

(3) Matters necessary for certificates under paragraph (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 138 (Supervision over and Adjustment of Formulation and Operation of Urban or Gun Plans)(1) When deemed necessary, the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40; hereafter the same shall apply in this Article) may order the Mayor/Do Governor or the head of a Si/Gun to file necessary reports for supervision with respect to the formulation and operation status of an urban or Gun master plan and any urban or Gun management plan, or to submit data, and require his/her public officials to inspect business situations in connection to an urban or Gun master plan and an urban or Gun management plan, while the Mayor/Do Governor may require the head of a Si/Gun to do the same.  <Amended by Act No. 10599, Apr. 14, 2011>

(2) Where an urban or Gun master plan and an urban or Gun management plan do not conform to the State plan or a metropolitan urban plan, or the Minister of Land, Transport and Maritime Affairs deems that an urban or Gun management plan does not conform to an urban or Gun master plan, he/she shall require the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun to adjust an urban or Gun master plan or an urban or Gun management plan by a specified deadline. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun shall re-examine an urban or Gun master plan and an urban or Gun management plan, and adjust them.  <Amended by Act No. 10599, Apr. 14, 2011>

(3) Where a Do Governor deems that an urban or Gun management plan of a Si/Gun does not conform to a metropolitan plan or an urban or Gun master plan, he/she may request the head of a Si/Gun to adjust an urban or Gun management plan by a specified deadline. In such cases, the head of a Si/Gun shall re-examine and adjust such urban or Gun management plan.  <Amended by Act No. 10599, Apr. 14, 2011>

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 139 (Delegation and Entrustment of Authority)(1) The authority of the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone pursuant to Article 40; hereafter the same shall apply in this Article) under this Act may be partly delegated to the Mayor/Do Governor, as prescribed by Presidential Decree, and the Mayor/Do Governor may re-delegate the authority delegated to the head of a Si/Gun/Gu, subject to approval by the Minister of Land, Transport and Maritime Affairs.  <Amended by Act No. 9442, Feb. 6, 2009>

(2) The authority of the Mayor/Do Governor under this Act may be delegated to the head of a Si/Gun/Gu, as prescribed by municipal ordinance of the City/Do. In such cases, the Mayor/Do Governor shall file a report on the delegation of authority with the Minister of Land, Transport and Maritime Affairs.  <Amended by Act No. 9442, Feb. 6, 2009>

(3) Where the authority is delegated or re-delegated under paragraph (1) or (2), any of the following matters, among the matters delegated or re-delegated, shall be deliberated upon by the local urban planning committee established in the relevant local government whereto belongs the agency so delegated or re-delegated, or jointly deliberated upon by the building committee established in a Si/Gun/Gu under Article 4 of the Building Act and the local urban planning committee, as prescribed by municipal ordinance of City/Do, and, with respect to the matters for which it is required to hear the opinion of the competent local council, the agency so delegated or re-delegated shall hear the opinion of the council of the local government whereto belongs the said agency.  <Amended by Act No. 9442, Feb. 6, 2009>

1. Matters that need to be deliberated on by the Central Urban Planning Committee and local urban planning committees;

2. Matters that need to deliberated on jointly by the building committee established in the City/Do under Article 4 of the Building Act and the local urban planning committee.

(4) Administrative affairs of the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun under this Act may be entrusted in part to other administrative agencies or any person who is not an administrative agency, as prescribed by Presidential Decree or by municipal ordinance of the relevant local government.  <Amended by Act No. 9442, Feb. 6, 2009>

(5) Deleted.  <by Act No. 7715, Dec. 7, 2005>

(6) Any person who performs administrative affairs entrusted under paragraph (4) (limited to any person who is not an administrative agency) and his/her employees, shall be deemed public officials in applying the penal provisions under the Criminal Act and other Acts.  <Amended by Act No. 9442, Feb. 6, 2009>

CHAPTER XII PENAL PROVISIONS

Article 140 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years, or by a fine not exceeding 30 million won:

1. A person who engages in development activities without obtaining permission or permission to alter, in violation of Article 56 (1) or (2), or upon obtaining permission or permission to alter by false or other illegal means;

2. A person who engages in activities falling under any subparagraph of Article 81 (2) in the urbanization-coordination zone without obtaining permission.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 140-2 (Penal Provisions)

A person who enters into a false contract or submits false data to evade or reduce infrastructure-building fees, or to encourage such evasion and reduction thereof shall be punished by imprisonment for not more than three years, or by a fine equivalent to not more than three times the infrastructure-building fees evaded or reduced, or intended for evasion and reduction.

[This Article Newly Inserted by Act No. 9043, Mar. 28, 2008]

Article 141 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years, or by a fine not exceeding 20 million won (in cases of any person falling under subparagraph 6, the amount equivalent to 30 percent of the relevant land price in accordance with an officially-announced individual land price as at the time of signing a contract):  <Amended by Act No. 9861, Dec. 29, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11292, Feb. 1, 2012>

1. A person who establishes infrastructure without any determination made on an urban or Gun management plan, in violation of Article 43 (1);

2. A person who fails to house facilities to be housed in a utility tunnel in such utility tunnel, in violation of Article 44 (3);

3. A person who constructs a building or alters its use not in conformity to a district-unit plan, in violation of Article 54;

4. A person who constructs a building or installs other facilities, or alters the purposes thereof, in violation of restrictions on the use, type, size, etc. of a building and other facilities, within a special-purpose area or special-purpose district under Article 76 (excluding paragraph (5) 2 through 4 of the same Article);

5. A person who enters into a land transaction contract without obtaining permission or permission for alteration required under Article 118 (1), or obtains permission for a land transaction contract by false or other illegal means.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 142 (Penal Provisions)

A person who violates disposition taken or an order to take measures, such as revocation of permission, authorization, etc., suspension of works, and rebuilding or transfer of structures, etc. under Article 133 (1) shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 143 (Joint Penal Provisions)

Where a representative of a corporation, or an agent, employee or any servant of the corporation or an individual commits an offence under Articles 140 through 142 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business in order to prevent such violation.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

Article 144 (Fines for Negligence)(1) Any of the following persons shall be punished by a fine for negligence not exceeding ten million won:  <Amended by Act No. 9861, Dec. 29, 2009>

1. A person who occupies or uses a utility tunnel without obtaining permission required under Article 44-3 (2);

2. A person who interferes with or refuses activities stipulated under Article 130 (1) without justifiable grounds;

3. A person who performs activities stipulated under Article 130 (1) without obtaining permission or consent under paragraphs (2) through (4) of the same Article;

4. A person who refuses, interferes with or evades an inspection provided for in Article 137 (1).

(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. A person who fails to file a report under the proviso to Article 56 (4);

2. A person who fails to file a report or submit the data under Article 137 (1), or files a false report or submits false data.

(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the respective persons in the following, as prescribed by Presidential Decree:  <Amended by Act No. 10599, Apr. 14, 2011>

1. Cases under paragraph (1) 2 and 4, and paragraph (2) 2: The Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery-resource protection zone under Article 40), the Mayor/Do Governor or the head of the competent Si/Gun;

2. Cases under paragraph (1) 1 and 3 and paragraph (2) 1: The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of the competent Si/Gun.

[This Article Wholly Amended by Act No. 9442, Feb. 6, 2009]

부칙  ADDENDA<Act No. 6841,  Dec. 30,  2002>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 6842,  Dec. 30,  2002>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 6852,  Dec. 30,  2002>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 6853,  Dec. 30,  2002>

Article 1 (Enforcement Date)

(1) This Act shall enter into force six months after the date of its promulgation.

(2) Omitted.

부칙  ADDENDA<Act No. 6916,  May 29,  2003>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7016,  Dec. 30,  2003>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7167,  Feb. 9,  2004>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7297,  Dec. 31,  2004>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7459,  Mar. 31,  2005>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7470,  Mar. 31,  2005>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 (b) of Article 2, and Articles 37 (1) 8, 38-2, 51 (1) 10 and 80-2 shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures) Where the head of Si/Gun formulates a basic urban planning under Article 18 (1) for the first time after the enforcement of this Act, he shall obtain the approval of the Minister of Construction and Transportation notwithstanding the amended provisions of Article 22.

부칙  ADDENDA<Act No. 7571,  May 31,  2005>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7678,  Aug. 4,  2005>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7707,  Dec. 7,  2005>

(1) (Enforcement Date) This Act shall enter into force beginning on the date on which 3 months lapse after its promulgation: Provided, That the amended provisions of Article 122 (3) shall enter into force beginning on the date of its promulgation.

(2) (Application Example concerning Applicant for Permission for Land Transaction Contract) The amended provisions of Article 118 (4) shall apply, starting with the portion for which an application is first filed for permission for the land transaction after the enforcement of this Act.

(3) (Transitional Measure concerning Violator of Existing Land Utilization Obligation) In case where anyone who has obtained permission for the land transaction before this Act enters into force has failed to fulfill his land utilization obligation provided for in the provisions of Article 124 (1), he shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 124-2 and 144 (2) 2.

(4) Omitted.

부칙  ADDENDA<Act No. 7715,  Dec. 7,  2005>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 7848,  Jan. 11,  2006>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8014,  Sep. 27,  2006>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8045,  Oct. 4,  2006>

Article 1 (Enforcement Date)

부칙  ADDENDUM<Act No. 8123,  Dec. 28,  2006>

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3-2 shall enter into force one year after the date of its promulgation.

부칙  ADDENDA<Act No. 8250,  Jan. 19,  2007>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 22-2, 23 (2), 84 (1) and (3), and 139 (3) shall enter into force three month after the date of its promulgation.

(2) (Application Examples regarding Contents of District Unit Planning) The amended provisions of Article 52 (1) shall apply to the district unit planning of a district unit planning zone which is designated first after the enforcement of this Act.

(3) (Transitional Measures regarding Decision on Purchase of Sites for Urban Planning Facilities) Where any request for purchase for any site for urban planning facility was made before the enforcement of this Act, the previous provisions of Article 47 (6) shall govern with regard to the decision on purchase thereof: Provided, That if one year and six months have not elapsed from the date on which such request for purchase for the site for urban planning facility was made, the decision on purchase shall be made within six months from the enforcement date of this Act.

(4) (Transitional Measures regarding Application Standards with Respect to Land Extending over Two or More Specific-Use Areas, etc.) Where construction permission has been obtained or applied, or construction report has been made under the Building Act at the time of enforcement of this Act, the previous provisions shall govern the application standards with respect to any land which extends over two or more specific-use areas, specific-use districts or specific-use zones, notwithstanding the amended provisions of Article 84 (1) and (3): Provided, That if the previous provisions are disadvantageous to building owners compared with the amended provisions of Article 84 (1) and (3), the amended provisions of Article 84 (1) and (3) shall govern.

부칙  ADDENDA<Act No. 8283,  Jan. 26,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8337,  Apr. 6,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8343,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8346,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8351,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8352,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8355,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8370,  Apr. 11,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8819,  Dec. 27,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8820,  Dec. 27,  2007>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8852,  Feb. 29,  2008>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8974,  Mar. 21,  2008>

Article 1 (Enforcement Date)

부칙  ADDENDA<Act No. 8976,  Mar. 21,  2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 10 Omitted.

***********************************************************

ENFORCEMENT DECREE OF THE NATIONAL LAND PLANNING AND UTILIZATION ACT

[Enforcement Date 01. Nov, 2012.] [Presidential Decree No.24155, 29. Oct, 2012., Other Laws and Regulations Amended]
국토교통부(도시정책과-개발행위), 044-201-3717

국토교통부(도시정책과), 044-201-3708

국토교통부(도시정책과-지구단위), 044-201-3709, 3714

국토교통부(도시정책과-용도지역), 044-201-4720, 3713

국토교통부(도시정책과-도시계획시설), 044-201-3710, 3716

국토교통부(도시정책과-도시기본계획), 044-201-3711

국토교통부(도시정책과-토지적성), 044-201-3718

국토교통부(토지정책과-토지거래허가), 044-201-3402

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The propose of this Decree is to provide for matters delegated by the National Land Planning and Utilization Act and matters necessary to implement the said Act.  <Amended by Presidential Decree No. 19036, Sep. 8, 2005>

Article 2 (Infrastructure)(1) “Facilities prescribed by Presidential Decree” in other portion than each item of subparagraph 6 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the “Act”) means the following facilities (including incidental facilities and convenience facilities necessary for the display of functions and utilization of the relevant facilities) :  <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20791, May 26, 2008; Presidential Decree No. 21807, Nov. 2, 2009>

1. Traffic facilities: Roads, railways, harbors, airports, parking lots, automobile depots, tracks, canals, inspection facilities for automobiles and construction machinery, and drivers’ schools for automobiles and construction machinery;

2. Space facilities: Squares, parks, green areas, amusement parks, and vacant public land;

3. Distribution and supply facilities: Distribution business facilities, water, electricity, gas and heat supply facilities, broadcasting and communications facilities, utility tunnels, markets, oil-storage and oil supply facilities;

4. Public, cultural and athletic facilities: Schools, athletic fields, public buildings, cultural facilities, athletic facilities, libraries, research facilities, social welfare facilities, public vocational training facilities and juvenile training facilities;

5. Disaster-prevention facilities: Rivers, storing ponds, reservoirs, fire prevention facilities, windbreak facilities, waterproof facilities, erosion control facilities and tide-control facilities;

6. Health and sanitary facilities: Cremation facilities, cemeteries, enshrinement facilities, natural burial grounds, funeral parlors, slaughterhouses, and general medical facilities;

7. Environmental basic facilities: Sewage systems, waste treatment facilities, prevention facilities for water pollution, and auto junkyards.

(2) Roads, automobile depots and squares, among infrastructure under paragraph (1) may be subdivided as follows:  <Amended by Presidential Decree No. 20535, Jan. 8, 2008; Presidential Decree No. 22142, Apr. 29, 2010>

1. Roads:

(a) General roads;

(b) Exclusive roads for automobiles;

(c) Exclusive roads for pedestrians;

(d) Exclusive roads for bicycles;

(e) Overpass;

(f) Underpass;

2. Automobile depots:

(a) Passenger automobile terminals;

(b) Cargo terminals;

(c) Public garages;

(d) Collective truck depots (limited to cases of installation by the association or the federation under Article 48 or 50 of the Trucking Transport Business Act);

3. Squares:

(a) Traffic squares;

(b) General squares;

(c) Scenic squares;

(d) Underground squares;

(e) Squares annexed to building structures.

(3) Additional subdivision and specific scope of the infrastructure under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008>

Article 3 (Metropolitan Facilities)

“Facilities prescribed by Presidential Decree” in other portion than each item of subparagraph 8 of Article 2 of the Act means the following facilities:  <Amended by Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

1. Facilities extending over areas under the jurisdictions of two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns (excluding any Gun located in the jurisdictional area of the Metropolitan City; hereinafter the same shall apply: Provided, That any Gun located in the jurisdictional area of the Metropolitan City shall be included in Articles 110, 112 and 128): Roads, railways, canals, squares, green areas, water, electricity, gas and heat supply facilities, broadcasting and communications facilities, utility tunnels, oil-storage and oil-supply facilities, river and sewage systems (excluding sewage terminal treatment facilities);

2. Facilities utilized jointly by two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns: Harbors, airports, automobile depots, parks, amusement parks, distribution business facilities, athletic fields, cultural facilities, athletic facilities, social welfare facilities, public vocational training facilities, juvenile training facilities, storing ponds, crematories, cemeteries, charnel facilities, slaughterhouses, sewage systems (limited to sewage terminal treatment facilities), waste treatment facilities, prevention facilities for water pollution, and auto junk yards.

Article 4 (Public Facilities)

“Other public facilities prescribed by Presidential Decree” in subparagraph 13 of Article 2 of the Act means the following facilities:  <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 22703, Mar. 9, 2011>

1. Harbors, airports, canals, squares, green areas, vacant public land, utility tunnels, rivers, storage ponds, fire prevention facilities, windbreak facilities, waterproof facilities, erosion-control facilities and tide-control facilities, sewage systems, and conduits;

2. Parking lots, athletic fields, reservoirs, crematories, cemeteries, and charnel facilities constructed by administrative offices;

3. Facilities under subparagraph 3 (c) of Article 2 of the Act on the Construction, etc. of Ubiquitous Cities.

Article 4-2 (Infrastructure Needed to be Installed in Infrastructure-levy Areas)

“Infrastructure prescribed by Presidential Decree, such as roads, parks and green areas” in subparagraph 19 of Article 2 of the Act means the following infrastructure (including appurtenant and convenience facilities needed to use the relevant facilities):  <Amended by Presidential Decree No. 23718, Apr. 10, 2012>

1. Roads (including approach roads from neighboring arterial roads to infrastructure-levy areas);

2. Parks;

3. Green areas;

4. Schools (excluding schools under Article 2 of the Higher Education Act);

5. Waterworks (including waterworks connecting neighboring waterworks to infrastructure-levy areas);

6. Sewerage (including waterworks connecting neighboring waterworks to infrastructure-levy areas);

7. Waste disposal facilities;

8. Other facilities determined by the Mayor of the Seoul Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun in infrastructure-levy plans under the proviso to Article 68 (2) of the Act.

[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]

Article 4-3 (Kind of Facilities Inducing Infrastructure)

“Facilities prescribed by Presidential Decree, such as detached houses, lodging facilities, etc.” in subparagraph 20 of Article 2 of the Act means buildings by use, as provided for in attached Table 1 of the Enforcement Decree of the Building Act: Provided, That buildings specified in attached Table 1 shall be excluded.

[This Article Newly Inserted by Presidential Decree No. 21038, Sep. 25, 2008]

Article 5 (Restriction on Designation of Districts, etc. concerning Land Utilization by Other Acts)(1) “Area prescribed by Presidential Decree” in the main sentence of Article 8 (2) of the Act means one square kilometer (5 square kilometer in cases of urban development districts under the Urban Development Act).  <Amended by Presidential Decree No. 19036, Sep. 8, 2005>

(2) “Where they intend to alter a zone, etc. within the limit prescribed by Presidential Decree” in Article 8 (2) 4 of the Act means the following cases:  <Amended by Presidential Decree No. 21669, Aug. 5, 2009>

1. Where increasing or decreasing an area within the limit of 10 percent of the size of the area, district, zone or division, etc. for which a consultation or approval has been obtained (hereinafter referred to as “zone, etc.”) ;

2. Where intended to correct errors in a computation of size of a zone, etc. for which a consultation or approval has been obtained.

(3) When the head of a central administrative agency or of a local government requests a consultation to or approval of the Minister of Land, Transport and Maritime Affairs under Article 8 (2) of the Act, he/she shall submit to the said Minister the following documents:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008>

1. Explanatory note on the purpose, necessity, background, procedure for promotion, etc. of the designation or alteration of a zone, etc. (including details to be included in designating or altering the relevant zone, etc. under the related Acts and subordinate statutes) ;

2. Sketch reflecting the current status of land utilization drawn at a scale of 1:25,000 indicating a special-purpose area or infrastructure, etc. in the relevant area and peripheral area;

3. Sketch drawn at a scale of 1:5,000 through 1:25,000 indicating the zone, etc. intended for a designation within the relevant area;

4. Other documents stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Article 6 (Restrictions on Alteration of Specific Use Area, etc. under other Acts)(1) Where the head of a central administrative agency or the head of a local government intends to permit, authorize, approve or determines a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a specific use area, specific use district or specific use zone pursuant to the main sentence of Article 9 of the Act, he/she shall take such plan into deliberation by the Central Urban Planing Committee under Article 106 of the Act (hereinafter referred to as the “Central Urban Planning Committee”) or a Local Urban Planning Committee under Article 113 of the Act (hereinafter referred to as “Local Urban Planning Committee”) in advance, according to the following classification: Provided, That this shall not apply where an alteration of a specific use area, etc. falls under Article 8 (2) 1 of the Act or less than five percent of a planned area is altered in a plan which assumes the fact of determination of an urban or Gun management plan:  <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 23718, Apr. 10, 2012>

1. Where it shall be taken into deliberation by the Central Urban Planning Committee:

(a) Where the head of a central administrative agency intends to permit, authorize, approve or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a specific use area, specific use district or specific use zone, the area of which is not less than 300,000 square meters;

(b) Where the head of a local government intends to permit, authorize, approve or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a specific use area, specific use district or specific use zone, the area of which is not less than 5 square kilometers;

2. Where it shall be taken into deliberation by a Local Urban Planning Committee: Where the head of a local government intends to permit, authorize, approve or determine a plan which assumes the fact of determination of an urban or Gun management plan on the designation or alteration of a specific use area, specific use district or specific use zone, the area of which is not less than 300,000 square meters, but less than 5 square kilometers.

(2) When the head of a central administrative agency or the head of a local government takes a plan into deliberation by the Central Urban Planing Committee or a Local Urban Planing Committee pursuant to paragraph (1), he/she shall submit the following documents to the Minister of Land, Transport and Maritime Affairs or the head of a local government under which the relevant Local Urban Planning Committee has been established:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008>

1. Written plans detailing the purpose, necessity, background, contents, procedures for promotion, etc. of a plan (including details to be included in the relevant plans under the related Acts and subordinate statutes);

2. Sketch reflecting current status of land utilization drawn at a scale of 1:25,000 indicating a specific use area and infrastructure, etc. in the relevant area and peripheral area;

3. Sketch drawn at a scale of 1:1,000 indicating the details on the designation or alteration of a specific use area, specific use district or specific use zone (it may be at a scale of not less than 1:5,000 for areas, other than an urban area);

4. Other documents stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

CHAPTER II METROPOLITAN PLAN

Article 7 (Designation of Metropolitan Planning Zones)(1) A metropolitan planning zone under Article 10 (1) of the Act shall be designated by the unit of the jurisdictional areas of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns.  <Amended by Presidential Decree No. 23718, Apr. 10, 2012>

(2) Notwithstanding paragraph (1), where the Minister of Land, Transport and Maritime Affairs or Do Governor intends to include part of the jurisdictional areas of two or more adjacent Special Metropolitan Cities, Metropolitan Cities, Special Self-governing Cities, Special Self-governing Provinces or Sis/Guns in a metropolitan planning zone, he/she shall do so by the unit of jurisdictional zone of a Gu, Gun (referring to a Gun in the jurisdictional area of a Metropolitan City), Eup or Myeon.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

Article 8 Deleted. <by Presidential Decree No. 21669, Aug. 5, 2009>

Article 9 (Contents of Metropolitan Plans)

“Matters prescribed by Presidential Decree” in Article 12 (1) 5 of the Act means the following matters:

1. Matters relating to the traffic, distribution and circulation system of a metropolitan planning zone;

2. Matters relating to the cultural and leisure spaces and the prevention of disasters in a metropolitan planning zone.

Article 10 (Standards for Formulation of Metropolitan City Planning)

When the Minister of Land, Transport and Maritime Affairs sets standards for the formulation of metropolitan city planning pursuant to Article 12 (2) of the Act, he/she shall comprehensively take into account the following matters:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012>

1. To present the future images of a metropolitan planning zone and the systemized strategy capable of realizing them, and to ensure that they are to be mutually connected with a comprehensive national land plan, etc.;

2. To ensure that it may be set by making such matters the prime objects as the sharing of functions among a Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun, the prevention of disorderly expansion of cities, the conservation of environments, as the rational allocation of metropolitan facilities, and other specific sectors that form pending issues in the metropolitan planning zone;

3. To ensure that it may be comprehensively and generally set so as to resiliently cope with fluctuations in given conditions, but where it is set by making specific sectors prime objects, it shall be definitely set so as to distinctly present the guidelines for an urban or Gun master plan or an urban or Gun management plan;

4. To ensure that it is set by sufficiently taking into account favorable natural environments, such as the green area axis, ecosystem, forest, scenery, etc., and the excellent farmland and a specific use area for preservation purpose, etc.;

5. To ensure that sectoral plans shall be mutually connected;

6. To set standards for the formulation of metropolitan city planning by thoroughly taking into consideration a City/Do safety management plan under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, a Si/Gun/Gu safety management plan under Article 25 (1) of the same Act and a Si/Gun/Gu master plan for reduction of damage from a storm and flood under Article 16 (1) of the Countermeasures against Natural Disasters Act.

Article 11 (Basic Investigation for Formulation of Metropolitan Plans)(1) “Other matters prescribed by Presidential Decree” in Article 13 (1) of the Act means the following matters:

1. Given natural conditions, such as weather, topography, resources, ecology, etc.;

2. Current status and prospects of the infrastructure and residential levels;

3. Current status and progress of the wind and flood disaster, earthquake, and other disasters;

4. Details of other planning and projects relating to a metropolitan plan;

5. Other matters necessary for the formulation of a metropolitan plan.

(2) Where there exists any data investigated and measured under other Acts and subordinate statutes with regard to matters to be investigated in performing a basic investigation under Article 13 (1) of the Act, it may be applied practically.

(3) When the Minister of Land, Transport and Maritime Affairs, the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Do, or the Governor of a Special Self-governing Province (hereinafter referred to as “Mayor/Do Governor”) intends to alter a formulated metropolitan plan, he/she shall investigate and measure matters necessary for altering the relevant metropolitan plan, among matters for basic investigation under Article 13 (1) of the Act.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

Article 12 (Public Hearings for Formulation of Metropolitan Plans)(1) When the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun intends to hold a public hearing under Article 14 (1) of the Act, he/she shall publicly notify the following matters on a daily newspaper having areas of a Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or Si/Gun belonging to the relevant metropolitan planning zone as its principal diffusion area for at least once, by no later than 14 days prior to the scheduled date of the public hearing:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

1. Purposes of holding a public hearing;

2. Scheduled date and venue of the public hearing;

3. Summary of a metropolitan plan intended for formulation or alteration;

4. Other necessary matters.

(2) Public hearings under Article 14 (1) of the Act shall be held at a metropolitan planning zone-unit level, but if deemed necessary, they may be held by dividing the metropolitan planning zone into several areas.

(3) Public hearings under Article 14 (1) of the Act shall be supervised by a person nominated by the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor or the head of a Si/Gun.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009>

(4) Matters necessary for holding a public hearing, other than matters referred to in paragraphs (1) through (3), may be set forth by the Minister of Land, Transport and Maritime Affairs, depending upon a main agent to hold such public hearing, or by Urban or Gun Planning Ordinance (hereinafter referred to as “Urban or Gun Planning Ordinance”) of a Special Metropolitan City, Metropolitan City, Special Self-governing City, Do, Special Self-governing Province (hereinafter referred to as “City/Do”), or Si/Gun.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

Article 13 (Approval for Metropolitan Plans)(1) When the Mayor/Do Governor intends to obtain approval for the metropolitan plan pursuant to Article 16 (1) of the Act, he/she shall submit to the Minister of Land, Transport and Maritime Affairs a draft metropolitan plan, accompanied by the following documents:  <Amended by Presidential Decree No. 19400, Mar. 23, 2006; Presidential Decree No. 20722, Feb. 29, 2008>

1. Outcomes from the basic survey;

2. Results from holding a public hearing;

3. Outcomes from hearing the opinions of the local council of related City or Do, or the head of the related Si/Gun under Article 15 (1) of the Act (excluding the head of a Gun located within the jurisdictional area of a Metropolitan City; hereinafter the same shall apply: Provided, That the head of a Gun located within the jurisdictional area of a Metropolitan City shall be included in Articles 110, 112, 117, 122 through 124-3, 127, 128 and 130) ;

4. In cases where he/she undergoes consultation by a City/Do Urban Planning Committee under Article 113 (1) of the Act (hereinafter referred to as “City/Do Urban Planning Committee”), outcomes from such advice;

5. Documents necessary for a consultation with the head of the related central administrative agency and deliberation by the Central Urban Planning Committee under Article 16 (2) of the Act.

(2) When a draft metropolitan plan submitted under paragraph (1) does not comply with the formulation standard, etc. under Article 12 (2) of the Act, the Minister of Land, Transport and Maritime Affairs may request the Mayor/Do Governor to supplement such draft metropolitan urban plan.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008>

(3) Any public notification of a metropolitan plan under Article 16 (4) of the Act shall be made by publishing it in the public bulletin of the related City/Do, and that of the metropolitan plan under Article 16 (6) of the Act shall be made by publishing it in the public bulletin of the related Si/Gun and the period of a public perusal of related documents shall be for not less than 30 days.  <Amended by Presidential Decree No. 21669, Aug. 5, 2009>

Article 13-2 (Composition and Operation of Metropolitan Planning Council)(1) Members of the Metropolitan Planning Council under Article 17-2 of the Act shall be comprised of relevant public officials and persons who have knowledge and experience in metropolitan planning.

(2) Detailed matters concerning the composition and organization of the Metropolitan Planning Council under paragraph (1) shall be determined through consultation among persons who have authority to formulate a metropolitan plan under Article 11 of the Act.

[This Article Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009]

CHAPTER III URBAN BASIC URBAN PLAN

Article 14 (Areas for which Urban or Gun Master Plans May not be Formulated)

“Si/Gun prescribed by Presidential Decree” in the proviso to Article 18 (1) of the Act means the following Sis/Guns:  <Amended by Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 23718, Apr. 10, 2012>

1. Si/Gun with a population of not more than 100,000, not belonging to the metropolitan zone under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as “metropolitan zone”) and not sharing boundaries with the Metropolitan Cities;

2. Si/Gun for which all of the matters falling under each subparagraph of Article 19 (1) of the Act are included in the relevant metropolitan plan, which is Si/Gun for which a metropolitan plan has been established on all of its jurisdictional areas.

Article 15 (Details of Urban or Gun Master Plans)

“Other matters prescribed by Presidential Decree” in Article 19 (1) 10 of the Act means the following matters which are related to directions and achievement of purposes of urban or Gun master plans:  <Amended by Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>

1. Matters concerning the consolidation or preservation of the downtown and residential environments;

2. Matters concerning the development and promotion of economy, industry, society, and culture;

3. Matters concerning the improvement of traffic and distribution system and the development of information and communications;

4. Matters concerning the management of scenery;

5. Matters concerning the disaster prevention, safety and crime prevention;

6. Matters concerning the raising of financial resources required for the expansion of finance and the implementation of urban or Gun master plans;

7. Matters concerning the promotion by phase of matters referred to in subparagraphs 1 through 6.

Article 16 (Standards for Formulation of Urban or Gun Master Plans)

When the Minister of Land, Transport and Maritime Affairs sets standards for the formulation of an urban or Gun master plan pursuant to Article 19 (3) of the Act, he/she shall comprehensively take into account the following matters:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23502, Jan. 6, 2012>

1. To ensure that it becomes a comprehensive plan for land utilization, traffic, environment, etc. indicating the basic space structures and long-term development directions of the competent Special Metropolitan City, Metropolitan City, Special Self-governing City, Special Self-governing Province or a Si/Gun;

2. To ensure that it may be comprehensively and generally set so as to resiliently cope with fluctuations in given conditions;

3. When readjusting an urban or Gun master plan pursuant to Article 23 of the Act, to ensure that the continuity of planning is maintained by extracting only the parts requiring corrections, among the details of a former urban or Gun master plan, and supplementing them;

4. To ensure that the level of particularity of plans by area is differentiated by comprehensively taking into account the population density, characteristics of land utilization and peripheral environment, etc. of a city, farming and fishing village and mountain village, but to ensure that the allocation plans for infrastructure and land usage, etc. are mutually connected for areas of the city, farming and fishing village and mountain village;

5. Plans by sector shall maintain the unity and consistency of an urban or Gun master plan by coinciding with the direction for basic urban plans under Article 19 (1) 1 of the Act and presenting the scheme capable of achieving the objectives of an urban or Gun master plan;

6. To ensure that the land feasible for development, which is located in an urban area, etc., is to be developed with a time difference by phase;

7. To ensure that it is set by comprehensively taking into account favorable natural environments, such as the green area axis, ecosystem, forest, scenery, etc. and the excellent farmland and a specific use area, etc. for preservation purpose;

8. To ensure that, with regard to matters concerning scenery under Article 19 (1) 8 of the Act, if deemed necessary, they may be prepared as supplements of an urban or Gun master plan;

9. To set standards for the formulation of an urban or Gun master plan by thoroughly taking into consideration a City/Do safety management plan under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, a Si/Gun/Gu safety management plan under Article 25 (1) of the same Act and a Si/Gun/Gu master plan for reduction of damage from a storm and flood under Article 16 (1) of the Countermeasures against Natural Disasters Act.

Article 16-2 (Public Notification and Public Perusal of Urban or Gun Master Plans of Special Metropolitan City, Metropolitan City, Special Self-governing City or Special Self-governing Province)

A public notification of an urban or Gun master plan of the Special Metropolitan City, Metropolitan City, Special Self-governing City or Special Self-governing Province under Article 22 (3) of the Act shall be made by publishing it in the Official Gazette of the relevant Special Metropolitan City, Metropolitan City, Special Self-governing City or Special Self-governing Province and a period for public perusal of related documents shall be for not less than 30 days.  <Amended by Presidential Decree No. 23718, Apr. 10, 2012>

[This Article Newly Inserted by Presidential Decree No. 21669, Aug. 5, 2009]

Article 17 (Approval for Urban or Gun Master Plans of Sis/Guns)(1) When the head of a Si/Gun intends to obtain approval for an urban or Gun master plan pursuant to Article 22-2 (1) of the Act, he/she shall submit to the competent Do Governor a draft of an urban or Gun master plan along with the following documents:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

1. Outcomes from the basic survey;

2. Results from holding the public hearing;

3. Outcomes from hearing the opinions of the local council of the relevant Si/Gun under Article 21 of the Act;

4. Where he/she undergoes consultation by the Local Urban Planning Committee established in the relevant Si/Gun, outcomes from such advice;

5. Documents necessary for consultation with the head of the related central administrative agency and deliberation by the Local Urban Planning Committee of the competent Do under Article 22-2 (2) of the Act.

(2) When a draft of an urban or Gun master plan submitted pursuant to paragraph (1) does not comply with standards for formulation, etc. under Article 19 (3) of the Act, the Do Governor may request the head of a Si/Gun to supplement such draft of an urban or Gun master plan.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

(3) Any public notification of an urban or Gun master plan under Article 22-2 (4) of the Act shall be made in the Official Gazette of the relevant Si/Gun, and a period for public perusal of related documents shall be for not less than 30 days.  <Amended by Presidential Decree No. 21669, Aug. 5, 2009; Presidential Decree No. 23718, Apr. 10, 2012>

Article 17-2 Deleted. <by Presidential Decree No. 23718, Apr. 10, 2012>

CHAPTER IV URBAN MANAGEMENT PLAN

SECTION 1 Procedures for Formulating Urban Management Plan

Article 18 (Standards for Preparation of Books of Urban or Gun Management Plans and Descriptions of Plans, etc.)(1) The scheme drawing, among the books of urban or Gun management plans under Article 25 (2) of the Act, shall be prepared by a drawing specifying matters in an urban or Gun management plan in a topographical map (including a digital map; hereinafter the same shall apply) at a scale of 1:1,000 or that of 1:5,000 (where the topographical maps at a scale of 1:1,000 or that of 1:5,000 are not published, a scale of 1:25,000): Provided, That where the topographical maps are not published, the drawings of a maritime chart, seafloor topographical map, etc. may substitute for the topographical map.  <Amended by Presidential Decree No. 23718, Apr. 10, 2012>

(2) Where two ore more sheets of scheme drawings under paragraph (1) exist, a summarized map of urban or Gun management plans (referring to a drawing clarifying principal matters of urban or Gun management plans in a topographical map to a scale equivalent to or over 1 to 50,000) may be included in the descriptions of a plan pursuant to Article 25 (2) of the Act.  <Amended by Presidential Decree No. 23718, Apr. 10, 2012>

Article 19 (Standards for Formulation of Urban or Gun Management Plans)

When the Minister of Land, Transport and Maritime Affairs (referring to the Minister for Food, Agriculture, Forestry and Fisheries in cases of a fishery resource protection zone under Article 40 of the Act) sets standards for the formulation of an urban or Gun management plan pursuant to Article 25 (4) of the Act, he/she shall comprehensively take into account the following matters:  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20941, Jul. 28, 2008; Presidential Decree No. 23502, Jan. 6, 2012; Presidential Decree No. 23718, Apr. 10, 2012>

1. To accept the contents presented in metropolitan plans, urban or Gun master plans, etc. and to develop them by taking into account the relations with respective project plans and trends of urban developments;

2. Where a Si/Gun does not develop an urban or Gun master plan, to ensure that matters required for the smooth formulation of urban or Gun management plans, among matters to be included in the conception of long-term development of the relevant Si/Gun and the urban or Gun master plan under Article 19 (1) of the Act, are included;

3. Where required for the efficient implementation, etc. of urban or Gun management plans, to ensure that modification is made by limiting to a specific area or a specific field;

4. To ensure that the space structures are properly divided by unit of a living zone, and the living or convenience facilities are fairly equipped by living zone;

5. To ensure that the level of particularity of planning by area is differentiated by comprehensively taking into account the population density, characteristics of land utilization and peripheral environment, etc. of the city, farming and fishing village and mountain village, but to ensure that the allocation plans for infrastructure and land usage, etc. are mutually connected for the areas of the city, farming and fishing village and mountain village;

6. Where any land utilization plan is formulated, to ensure that development density is secured in compatibility with the considerations of the population size in daytime and nighttime activities and a trend of urban developments;

7. To ensure that a land utilization plan is formulated by taking account of favorable natural environments, such as the green area axis, ecosystem, forest, scenery, etc. and the excellent farmland, etc.;

8. Where any facility causing a population concentration within the metropolitan zone is relocated to an area, other than a metropolitan zone, to ensure that, in respect of the previous sites, a land utilization plan is formulated so as to promote a relocation of said facilities to the local area;

9. To ensure that urban or Gun planning facilities are determined at a proper level by taking into account execution capability, and, with respect to existing urban or Gun planning facilities, facilities not yet executed are minimized by reviewing the facilities, the size of which, etc. has been irrationally determined or having no possibility of realization through an examination of the current status of installation and the status of management and operation of the facilities;

10. To ensure that urban development is devised in a sound manner and with a possible continuity by elevating the organic relevance between plans and environments, such as conducting a prior examination of impacts of an urban development or an installation of infrastructure, etc. on the environments;

11. To endeavor to minimize damage caused by a disaster, taking into consideration a City/Do safety management plan under Article 24 (1) of the Framework Act on the Management of Disasters and Safety, a Si/Gun/Gu safety management plan under Article 25 (1) of the same Act and a Si/Gun/Gu master plan for reduction of damage from a storm and flood under Article 16 (1) of the Countermeasures against Natural Disasters Act.

Article 20 (Procedures for Handling Written Proposals)(1) The Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun in receipt of a proposal for the formulation of an urban or Gun management plan pursuant to Article 26 (1) of the Act, shall notify the relevant proposer of whether the proposal is to be reflected in the formulation of an urban or Gun management plan within 45 days from the proposing date: Provided, That if any extenuating circumstance exists, 30 days may be extended only once.  <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 20722, Feb. 29, 2008: Presidential Decree No. 23009, Jul. 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012>

(2) When necessary for the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun in making a decision on whether to reflect the proposal under Article 26 (1) of the Act in the formulation of an urban or Gun management plan, he/she may obtain advice from the Central Urban Planing Committee or the Local Urban Planning Committee established under the relevant local government.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012>

(3) Where the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of a Si/Gun reflects a proposal under Article 26 (1) of the Act in the formulation of an urban or Gun management plan, he/she may utilize documents of an urban or Gun management plan and the descriptions of the plan attached to the proposal for the formulation of an urban or Gun management plan.  <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012>

Article 21 (Basic Survey, etc. for Formulation of Urban or Gun Management Plans)(1) “Minor matters prescribed by Presidential Decree” in the proviso to Article 27 (1) of the Act means the matters falling under each subparagraph of Article 25 (3) and that of Article 25 (4).

(2) “Requirements prescribed by Presidential Decree” in Article 27 (4) of the Act means the following requirements: Provided, That subparagraphs 5 through 11 shall apply only to the appraisal of the land’s suitability (hereinafter referred to as “appraisal of land’s suitability”) and subparagraph 12 shall only apply to the environmental review:  <Amended by Presidential Decree No. 18240, Jan. 20, 2004; Presidential Decree No. 19036, Sep. 8, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21038, Sep. 25, 2008; Presidential Decree No. 21807, Nov. 2, 2009: Presidential Decree No. 23009, Jul 1, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 23966, Jul. 20, 2012>

1. Where the relevant district unit planning zone is located downtown (referring to a commercial area and an area adjacent to the commercial area) ;

2. Where the area of open sites within the relevant district unit planning zone falls short of two percent of the district area;

3. Where the relevant district unit planning zone or site for urban or Gun planning facility is designated as an area, district, zone, complex, etc. under other Acts, or development plans have been formulated;

4. Where the purpose of a designation of the relevant district unit planning zone is an intention of consolidating or managing the relevant district, and no plan exists to install a road with a width of not less than 12 meters in the contents of a district unit plan;

5. Where an urban or Gun management plan is formulated for a residential area, commercial area, or industrial area;

6. Where an urban or Gun management plan is formulated for an area developed pursuant to the Act, or other Acts and subordinate statutes;

7. Where an urban or Gun management plan is formulated for an area for which an appraisal of land’s suitability has been conducted within five years prior to the date of the formulation of an urban or Gun management plan: Provided, That the same shall not apply to cases where the given conditions of infrastructure have been significantly changed;

8. Where an urban or Gun management plan is formulated for an area adjusted or removed from the area of restricted development due to a cause under Article 2 (3) 1 or 2 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones;

9. Where it is an urban development project under the Urban Development Act;

10. Where an urban or Gun management plan is formulated for a district unit planning zone or a site for an urban or Gun planning facility;

11. Where any of the following urban or Gun management plans is formulated:

(a) Conversion of a special-purpose area for development usage (referring to a residential area, commercial area, industrial area and planning management area; hereafter the same shall apply in this subparagraph) into a special-purpose area for conservation usage (referring to a special-purpose area, other than a special-purpose area for development usage; hereafter the same shall apply in this subparagraph): Provided, That cases of converting a planning management area into a green natural area shall be excluded;

(b) Mutual conversion between special-purpose areas for conservation usage: Provided, That cases of converting a planning management area into a green natural area shall be excluded;

(c) Designation or conversion of a special-purpose district and special-purpose zone: Provided, That the designation or designation for expansion of a development promotion district shall be excluded;

(d) Installation of the following infrastructure:

(ⅰ) Infrastructure falling under the scale of development activities by special-purpose area under each subparagraph of Article 55 (1);

(ⅱ) Traffic facility and supply facility made in a linear style, such as a road, railway, track, water supply, gas, etc.;

(ⅲ) Space facilities (excluding athletic parks, cemetery parks and amusement parks);

(ⅳ) Disaster-prevention facilities and basic environmental facilities (excluding a car junkyard);

(ⅴ) Infrastructure installed in an area where development is restricted;

12. Where an urban or Gun management plan is formulated, which is subject to strategic environment impact assessment under Article 9 of the Environmental Impact Assessment Act;

13. Where falling under the requirements set forth by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

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